MINNEAPOLIS -- (PRESS RELEASE) -- Lakes Entertainment, Inc. (LACO) announced
today that the California Court of Appeal ("Court") issued its
decision in the County of El Dorado and Voices for Rural Living. v. Department
of Transportation, Shingle Springs Band of Miwok Indians and Lakes
Entertainment, Inc. 
The Court ruled in favor of the California Department of Transportation's ("CalTrans") appeal, rejecting the El Dorado County's argument that the transportation conformity analysis did not conform to state standards. The Court also rejected all but two of the legal claims asserted in the appeal by El Dorado County and Voices for Rural Living against the environmental impact report prepared by CalTrans for the interchange that will connect Highway 50 to the Shingle Springs Rancheria. For the remaining two issues, the Court held that CalTrans must supplement its environmental analysis by adding some discussion to the air quality chapter to further explain the project's contribution to overall vehicular emissions in the region, and that CalTrans also must evaluate whether a smaller casino and hotel would reduce environmental impacts. The Court acknowledged CalTrans lacks jurisdiction to require the Tribe to develop a smaller casino, but nevertheless required some discussion of this alternative in the interchange EIR.
The Court's decision is in response to an appeal by El Dorado County and Voices for Rural Living of a June 21, 2004 ruling by the Superior Court of California, County of Sacramento that indicated that CalTrans did not provide a quantitative showing to satisfy the court's earlier request for a clarification on meeting the state ambient ozone standard.
As Shingle Springs Tribal Chairman Nick Fonseca noted, "the Court decision could actually move our proposed project closer to completion because it eliminates most of the legal challenges filed against it. The Court ruled for us on thirteen issues, and there are two environmental issues that need further analysis, and then the project can proceed." "We are encouraged by the Court's movement," added Tim Cope, President of Lakes, "at this time, we are assessing the impact of the decision as it relates to when we can begin construction."
