AUTOMOTIVE UNITED TRADES ORG. v. STATE

No. 85661-3.

285 P.3d 52 (2012)

AUTOMOTIVE UNITED TRADES ORGANIZATION, a nonprofit trade association, Appellant, v. The STATE of Washington; Christine Gregoire, in her capacity as Governor of the State of Washington, Liz Luce, in her official capacity as Director, Washington State Department of Licensing, Respondents.

Supreme Court of Washington, En Banc.

Decided August 30, 2012.


Attorney(s) appearing for the Case

Philip Albert Talmadge , Sidney Charlotte Tribe , Talmadge/Fitzpatrick, Tukwila, WA, for Appellant.

Rene David Tomisser , Office of the Attorney General, Olympia, WA, Todd Richard Bowers , Office of the Attorney General-CJD, Seattle, WA, for Respondents.

Van A. Collins , Associated General Contractors, Olympia, WA, amicus counsel for American Council of Engineering Companies of Washington, Associated Builders and Contractors of Western Washington, Inland Northwest AGC, Mechanical Contractors Association, National Utility Contractors association of Washington, Oregon-Columbia Chapter, Associated General contractors of America, Puget Sound Chapter, National Electrical Contractors Association, The Associated General Contractors of Washington, Washington Aggregates and Concrete Association and Washington Pavement Association.

Howard Mark Goodfriend , Smith Goodfriend PS, Seattle, WA, amicus counsel for National Federation of Independent Business, Washington Association of Neighborhood Stores and Washington Food Industry Association.

Kristopher Ian Tefft , Association of Washington Business, Olympia, WA, amicus counsel for The Association of Washington Business.

Kenneth Wendell Masters , Masters Law Group PLLC, Bainbridge Island, WA, amicus counsel for Washington Oil Marketers Association.

Harry J.F. Korrell III , Davis Wright Tremaine LLP, Seattle, WA, amicus counsel for Washington Policy Center.


STEPHENS, J.

¶ 1 The plaintiff brought suit against Washington State and its officials, challenging the constitutionality of disbursements the State gives to Indian tribes under fuel tax compacts. The trial court dismissed the amended complaint for failure to join indispensable parties — namely, the Indian tribes party to the agreements — under CR 19. We reverse.

¶ 2 We hold the tribes are not indispensable parties under CR 19(b). Although...

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