Tag Archives: Washington Court of Appeals

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Here is the unpublished opinion in Washington v. Director of the Dept.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Here is the opinion in Outsource Services Management v. Nooksack Business Corp.: Unpublished Opinion An excerpt: The Nooksack Business Corporation (NBC) borrowed more than $15 million to finance construction of and improvements to a casino on Nooksack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 , ,

Washington Appellate Court Decides that Former Nooksack Employee Entitled to Unemployment Benefits

Here is the opinion in Rapada v. Nooksack Indian Tribe (Wash. Ct. App. — Div. 1). An excerpt: Nadene Rapada was the accounting director for the Nooksack Indian Tribe (NIT). NIT terminated Rapada for processing a mileage reimbursement request without … Continue reading

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

Washington COA Affirms Revocation of Colville Resident’s State Tobacco Wholesaler Certification

Here are the materials in Matheson v. State Dept. of Revenue (Wash. App.): D2 45485-8-II Unpublished Opinion And the briefs: 454858-Appellant’s Brief 454858-Reply Brief 454858-Respondent’s Brief

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

Active Efforts Case Out of Washington Court of Appeals

Here. Despite Louch’s argument that visitation is a remedial service under ICWA, that term is not defined in the federal or state version of ICWA. Louch cites no state or federal case holding that visitation itself is a remedial service … Continue reading

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

Wash. SCT Decides Outsource Servs. Mgmt. v. Nooksack Bus. Corp.

Here is the opinion. An excerpt: Washington State courts have jurisdiction over civil cases arising on Indian reservations as long as it does not infringe on the sovereignty of the tribe. At issue in this case is whether Washington State … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , , , ,

Washington Appellate Briefs in Yakama Member’s Challenge to State Court Jurisdiction over Crime on Quinault Land

Here are the briefs in State v. Shale (Wash. App.): 446545-Appellant’s Brief 446545-Respondent’s Brief UPDATE (additional briefs): Appellant’s Supplemental Brief State’s Response to Appellant’s Supplemental Brief Appellant’s Supplemental Reply Brief Prosecuting Attorneys Amicus Brief Appellant’s Response to Amicus WAPA Supplemental … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , , | 1 Comment