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SWINOMISH INDIAN TRIBAL COMMUNITY v. SKAGIT CTY.

No. 57813-8-I.

158 P.3d 1179 (2007)

SWINOMISH INDIAN TRIBAL COMMUNITY, a Federally Recognized Tribe, Appellant/Cross-Respondent, v. SKAGIT COUNTY, a Municipal Corporation, Respondent/Cross-Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered May 31, 2007.

Attorney(s) appearing for the Case

Ann Elizabeth Tweedy, Kanji & Katzen, PLLC, John B. Arum, Seattle, WA, Stephen T. Lecuyer, Office of the Tribal Attorney, La Conner, WA, for Appellant/Cross-Respondent.

Joseph Perrine Mentor Jr., William W. Clarke, Jamie Michele Morin, Mentor Law Group PLLC, William W. Honea, Law Offices of William Honea, Sedro Woolley, WA, for Respondent/Cross-Appellant.

P. Stephen Dijulio, Jeffrey Burton Taraday, Foster Pepper PLLC, Seattle, WA, Ian Stuart Munce, City Attorney, Anacortes, WA, for Amicus Curiae on behalf of City of Anacortes.

Ryan Esq Vancil, Vancil Law Offices, PLLC, Bainbridge Island, WA, Amy Elizabeth Trainer, Friday Harbor, WA, Jill M. Olson, Seattle, WA, for Amicus Curiae on behalf of Washington Environmental Council.

BAKER, J.

¶ 1 The Swinomish Indian Tribal Community sought a declaratory judgment that provisions of the Growth Management Act (GMA) and a Memorandum of Agreement (MOA) between the Tribe, the County, and various other parties preclude the County from permitting water wells that adversely affect minimum instream water flows in the rivers and streams of Skagit basin, and an injunction requiring the County to abide by its statutory and contractual obligations. The...

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