Oregon Supreme Court Allows Suit re: State Governor’s Authority to Enter into Gaming Compact

Here is the opinion in State ex rel. Newberry v. Kulongoski. An excerpt:

Relators filed a petition for a writ of mandamus in Lane County Circuit Court in 2003, challenging the Governor’s authority to enter into a gaming compact with the Confederated Tribes of Coos, Lower Umpqua, and Suislaw Indians (the Tribes). Under the compact, the Tribes would be permitted to open a casino near Florence, Oregon. On the state’s motion, the trial court dismissed relators’ petition on two grounds: (1) relators had failed to show that they had no adequate remedy at law; and (2) relators had failed to join the Tribes in the action, in violation of ORCP 29 A. Relators appealed, and the Court of Appeals reversed and remanded. We allowed the state’s petition for review, and we now affirm the Court of Appeals decision.