SWINOMISH INDIAN TRIB. v. ISLAND COUNTY

No. 39421-5-I.

942 P.2d 1034 (1997)

87 Wash.App. 552

SWINOMISH INDIAN TRIBAL COMMUNITY, a federally recognized Indian tribe, Respondent, v. ISLAND COUNTY, a municipal corporation, Appellant.

Court of Appeals of Washington, Division 1.

August 25, 1997.


Attorney(s) appearing for the Case

James Elliott Lobsenz, Nicholas Phillip Scarpelli, Kristine A. Brown, Carney, Badley, Smith & Spellman, Seattle, A.O. Denny, Island County Pros. Office, Coupeville, for Appellant.

Alix Foster, Office of Tribal Atty., La Conner, for Respondent.


AGID, Judge.

The trial court granted summary judgment to the Swinomish Indian Tribal Community on its claim against Island County for an injunction under the Indian Graves and Records Act. The order required the County to notify applicants who apply for a permit involving ground-disturbing activities if the proposed excavation site lies within a designated Indian archeological site or burial ground, and to provide the Tribe with a copy of that notice. Because issuing...

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