Tag Archives: Washington Court of Appeals

Improper Removal Case out of Washington Court of Appeals [ICWA]

Today I received a call that went something approximately like this: Caller: “So with [25 U.S.C.] 1920 …” Me: “Right, 1922, go on.” Caller: “Um, ok, so with 1920 . . .” Me: “I think you mean 1922?” Caller: “I … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , ,

Reason to Know Decision from Washington Court of Appeals [ICWA]

Here. ICWA and WICWA require a court conducting a 72-hour shelter care hearing to inquire whether the child is or may be an Indian child. A court substantially complies with that requirement if prior to the hearing the Department has … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , , ,

Swinomish/Quinault/Suquamish Amicus Brief in Climate Change Litigation in Washington State

Here is the brief in Aji P. v. State of Washington (Wash Ct. App.): Tribal Amicus Brief More details on this case here.

Posted in Author: Matthew L.M. Fletcher, Environmental, Research | Tagged , , , , ,

Washington Appellate Court Holds Tribal Gaming Commission Immune from Suit

Here are the materials in Long v. Snoqualmie Gaming Commission (Wash. Ct. App.): opinion.pdf appellant-brief.pdf appellee-brief.pdf reply-2.pdf

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity | Tagged , , ,

Washington COA Rejects Tribal Vendor’s Tax Assessment Challenge

Here are the materials in Everi Payments Inc. v. Washington State Dept Of Revenue: 507919 Appellant’s Brief 507919 Respondent’s Brief 507919 Reply Brief D2 50791-9-II Published Opinion Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research | Tagged , , , ,

Washington COA Decides Puyallup Tribe Of Indians v. Wash. State Shorelines Hearings Bd.

Here: Opinion

Posted in Author: Matthew L.M. Fletcher, Environmental, Research | Tagged ,

Washington COA Dismisses Two Challenges to Swinomish Civil Forfeiture under Rule 19

Here is the unpublished opinion in Washington v. Director of the Dept. of Licensing. An excerpt: After losing her vehicle to the Swinomish Tribe in civil forfeiture, Washington filed this suit against the Department of Licensing and unnamed Swinomish police … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Tribal Codes, tribal courts | Tagged , , , , , ,

Washington COA Rejects Snoqualmoo Indian Treaty Rights to Defense to Elk Harvest

Here is the opinion in State v. Snyder: Opinion An excerpt: In 1974, the United States District Court for the Western District of Washington, as affirmed by the United States Supreme Court, took continuing jurisdiction over fishing disputes arising from … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, treaty rights | Tagged , , , , ,

Washington COA Decides Section 81 Matter Involving Nooksack Business Corp.

Here is the opinion in Outsource Services Management v. Nooksack Business Corp.: Unpublished Opinion An excerpt: The Nooksack Business Corporation (NBC) borrowed more than $15 million to finance construction of and improvements to a casino on Nooksack Indian Tribe land. … Continue reading

Posted in Research | Tagged , , ,

Washington COA Decision in Comenout v. Washington State Liquor Control Board

Here. An excerpt: In State v. Comenout, our Supreme Court upheld the State’s exercise of nonconsensual criminal jurisdiction over tribal members selling unstamped cigarettes from an unlicensed store located on trust allotment property lying outside the borders of an Indian … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , ,