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SHIVWITS BAND OF PAIUTE INDIANS v. UTAH

No. 2:95CV1025C.

185 F.Supp.2d 1245 (2002)

SHIVWITS BAND OF PAIUTE INDIANS; and Kunz & Company d.b.a. Kunz Outdoor Advertising, a California Corporation, Plaintiffs and Counter-claim Defendants, v. State of UTAH, Utah State Department of Transportation, and St. George City, a Utah Municipal Corporation, Defendants and Counter-claim and Third-Party Plaintiffs, v. Bruce Babbitt, in his capacity as Secretary of the United States Department of the Interior; Ada Deer, in her capacity as Assistant Secretary of Indian Affairs; Walter R. Mills, in his capacity as Area Director of the Bureau of Indian Affairs; and the Bureau of Indian Affairs, Third-Party Defendants.

United States District Court, D. Utah, Central Division.

February 6, 2002.

Attorney(s) appearing for the Case

D. Williams Ronnow, St George, UT, John J. Walton, Washington County Attorneys Office, St George, UT, Dale T. White, M. Evelyn Woods, John Fredericks, III, Fredericks Pelcyger Hester & White, Louisville, CO, Randall N Skanchy, Salt Lake City, UT, for Shivwits Band of Paiute Indians, Kunz & Co.

Philip C Pugsley, Utah Attorney General's Office, Salt Lake City, UT, Michael M Quealy, Utah Attorney General's Office, Salt Lake City, UT, Jonathan L. Wright, St George City Prosecutor, St George, UT, Barbara G Hjelle, St George, UT, Ralph L Finlayson, Governors Office, Salt Lake City, UT, for State of Utah, Utah Dept. of Transportation, St. George City.

Stephen L. Roth, U.S. Attorney's Office, John K Mangum, Salt Lake City, UT, for Bruce Babbitt, Ada Deer, Walter R. Mills.

ORDER

CAMPBELL, District Judge.

This matter is before the court on Defendants' motions to vacate order of preliminary injunction and for summary judgment. The court held a hearing on these motions on October 24, 2001. Defendants currently move to vacate this court's earlier preliminary injunction order, which prevented them from regulating the use of the land at issue in this suit. They also seek summary judgment on the question of State and local land regulation...

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