The dispute centers on a triangular parcel of land along the North Fork of the Stillaguamish River. The parcel is bounded by Flying T’s property, the White Horse Trail, and the river. Despite Flying T’s claims that the parcel had been privately owned and maintained by previous landowners since 1961, the county conveyed the land to the tribe in 2022, just before the superior court heard the tribe’s motion to dismiss.
The tribe acquired the property using funds from a National Oceanic and Atmospheric Administration conservation grant to increase the population of Puget Sound Chinook salmon.
Flying T Ranch filed its lawsuit in Snohomish County Superior Court, seeking to quiet title to the land. The farm argued that tribal sovereign immunity should not prevent its claim to quiet title.
The appellate court, however, rejected this argument, stating that there is no established immovable property exception that overrides tribal sovereign immunity. The court highlighted that it is Congress, not the judiciary, that has the authority to limit tribal immunity, referencing the 2014 U.S. Supreme Court decision in Michigan v. Bay Mills Indian Community.
