No. 92289-6.

392 P.3d 1014 (2017)

COUGAR DEN, INC., a Yakama Nation corporation, Respondent, v. WASHINGTON STATE DEPARTMENT OF LICENSING, Appellant.

Supreme Court of Washington.

Filed March 16, 2017.

Attorney(s) appearing for the Case

Fronda Colleen Woods , Jay Douglas Geck , Dept. of Lic. & Admin. Law A.G. Office, 1125 Washington Street S.E., P.O. Box 40110, Olympia, WA, 98504-0110, for Appellant.

Brendan V. Monahan , Stokes Lawrence Velikanje Moore & Shore, 120 N. Naches Ave., Yakima, WA, 98901-2757, Mathew Lane Harrington , Joan Elizabeth Hemphill , Stokes Lawrence, P.S., 1420 5th Ave., Ste. 3000, Seattle, WA, 98101-2393, for Respondent.

Gabriel Steven Galanda , Anthony S. Broadman , Robert Joseph Sexton , Galanda Broadman, PLLC, 8606 35th Ave. N.E., Apt. L1, Seattle, WA, 98115-3677, as Amicus Curiae on behalf of Confederated Tribes and Bands of the Yakama Nation.

¶ 1 Article III of the Yakama Nation Treaty of 1855 provides in pertinent part:

[I]f necessary for the public convenience, roads may be run through the said reservation; and on the other hand, the right of way, with free access from the same to the nearest public highway, is secured to them; as also the right, in common...

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