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SMALE v. NORETEP

No. 62349-4-I.

208 P.3d 1180 (2009)

Karl O. SMALE and Heather Smale, Respondents, v. NORETEP, a Washington State general partnership; Ronald Schultz and Jane Doe Schultz; Peter J. Poeschel and Jane Doe Poeschel; Defendants, and Stillaguamish Tribe of Indians, Appellant.

Court of Appeals of Washington, Division 1.

June 1, 2009.

Attorney(s) appearing for the Case

Brian Collins, Tumwater, WA, Rob Smith, Seattle, WA, for Appellant.

Gregory Gilday, Stanwood, WA, for Respondents.

AGID, J.

¶ 1 The Smales sought to quiet title to property they claimed they had acquired through adverse possession and named Noretep, the original non-Indian owners, as defendants. After the Smales sued, Noretep deeded the disputed property to the Stillaguamish Tribe of Indians (the Tribe), and the Smales named the Tribe as a defendant. In its unsuccessful motion to dismiss, the Tribe claimed that tribal sovereign immunity deprived the superior court of subject...

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