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AUTOMOTIVE UNITED TRADES ORG. v. STATE

No. 89734-4.

357 P.3d 615 (2015)

183 Wn.2d 842

AUTOMOTIVE UNITED TRADES ORGANIZATION, a non-profit trade association, Appellant, v. The STATE of Washington; Jay Inslee, in his official capacity as Governor of the State of Washington; Alan Haight, in his official capacity as Director, Washington State Department of Licensing, Respondents.

Supreme Court of Washington, En Banc.

Decided August 27, 2015.

Attorney(s) appearing for the Case

Philip Albert Talmadge , Sidney Charlotte Tribe , Talmadge/Fitzpatrick, Seattle, WA, Paul J. Lawrence , Matthew J. Segal , Pacifica Law Group LLP, Seattle, WA, for Appellant.

Rene David Tomisser , Eric Andrew Mentzer , Alicia O. Young , Office of the Attorney General, Olympia, WA, Torts Division A.G. Office, Attorney at Law, Olympia, WA, for Respondents.

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

Scott Owen Mannakee , Stillaguamish Tribe of Indians, Arlington, WA, Harold Chesnin , Law Office of Harold Chesnin, Seattle, WA, David S. Hawkins , Upper Skagit Indian Tribe, Sedro Woolley, WA, John Howard Bell , Puyallup Indian Tribe, Tacoma, WA, Scott Wheat , Scott Wheat Attorney At Law, Spokane, WA, Scott David Crowell , Attorney at Law, Sedona, AZ, John Curtright Sledd , Cory J. Albright , Kanji & Katzen PLLC, Seattle, WA, Aubrey Anne Seffernick , Briana Coyle Jones , Miller Nash Graham & Dunn LLP, Seattle, WA, Kelly S. Croman-Neelands , Chehalis Tribe-Office of Tribal Atty., Oakville, WA, Fabio Apolito , Nisqually Indian Tribe, Olympia, WA, Earle David Lees III , Attorney at Law, Port Orchard, WA, amicus counsel for Indian Tribal Governments Party To Fuel Tax Agreements.

Bruce Edward Didesch , Didesch & Associates, Mead, WA, Scott David Crowell , Attorney at Law, Sedona, AZ, amicus counsel for Shoalwater Bay Indian Tribe.

¶ 1 After several Indian tribes successfully challenged imposition of state fuel taxes on tribal retailers, our legislature both authorized the governor to resolve fuel tax controversies with tribes by agreement and attempted to change state fuel tax law to avoid tribal immunity. Since then, the State and various tribes have...

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