Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians, et al.

Under federal common law, Indian tribes may be sued only under two circumstances: when a tribe waives its sovereign immunity or when Congress unequivocally abrogates tribal sovereign immunity. Here, Flying T Ranch (Flying T) filed suit in Snohomish County Superior Court to quiet title to nonreservation land purchased by the Stillaguamish Tribe of Indians (Tribe). Flying T contends it had acquired that land through adverse possession prior to the Tribe's purchase. The superior court dismissed the case with prejudice based on the Tribe's sovereign immunity.<br>
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Legal issue Does a common law immovable property exception waive tribal sovereign immunity for adverse possession claims related to nonreservation land owned by tribes?<br>
Headnote<br>
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TRIBAL LAW. TRIBAL SOVEREIGN IMMUNITY. The case determines whether a common law immovable property exception waives tribal sovereign immunity when a corporation seeks to quiet title to nonreservation land allegedly acquired by adverse possession, concluding that congressional action or tribal waiver is necessary to abrogate tribal immunity.<br>
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PROPERTY LAW. ADVERSE POSSESSION CLAIMS. The issue is whether state courts have jurisdiction over adverse possession claims involving nonreservation land owned by tribes, concluding that tribal sovereign immunity precludes such jurisdiction absent congressional abrogation or clear tribal waiver.<br>
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FEDERAL INDIAN LAW. IMMOVABLE PROPERTY DOCTRINE. The case addresses the applicability of the common law immovable property exception to tribal sovereign immunity, emphasizing that such an exception has never been applied to tribes and requires congressional action to be recognized.<br>
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JUDICIAL PROCEDURE. SUBJECT MATTER JURISDICTION. The court discusses the requirement of subject matter jurisdiction to adjudicate quiet title actions and asserts that sovereign immunity limits such jurisdiction in cases involving Indian tribes unless Congress specifically abrogates the immunity.<br>
Key Phrases Tribal sovereign immunity. Immovable property exception. Adverse possession claims. Treaty rights to fish. Common law principles.

Federal common law has long established that tribes are immune from suit and may be sued only where a tribe waives its immunity or when Congress has unequivocally abrogated immunity. While the superior court has in rem jurisdiction over real property, it does not have subject matter jurisdiction over adverse possession claims involving nonreservation land owned by tribes.<br>
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Affirmed