v. ORDER GRANTING MOTION
TO PUBLISH
RORY GILLILAND, MICHAEL ASHBY,
ANDY GARCIA, RAYMOND DODGE,
and JOHN DOES 1-10,
Respondents.
Respondents Rory Gilliland, Michael Ashby and Andy Garcia moved for
publication of the opinion filed on August 15, 2022. Appellants Margretty Rabang
and Robert Rabang have filed an answer. A panel of the court has reconsidered
its prior determination not to publish the opinion for the above entitled matter filed
on August 15, 2022, and has found that it is of precedential value and should be
published.
Now, therefore it is hereby
ORDERED that the written opinion, filed on August 15, 2022, shall be
published and printed in the Washington Appellate Reports.
For the Court:
Judge
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
MARGRETTY RABANG and
ROBERT RABANG, No. 83456-8-I
Appellants, DIVISION ONE
v.
UNPUBLISHED OPINION
RORY GILLILAND, MICHAEL
ASHBY, ANDY GARCIA, RAYMOND
DODGE, and JOHN DOES 1-10,
Respondents.
SMITH, A.C.J. — The inherent authority of Native tribes and nations to
govern themselves is recognized by the federal government, protected by the
United States Constitution and treaties, and has been upheld by the United
States Supreme Court. In 2016, the Nooksack tribe sought to evict Margretty
and Robert Rabang1 from their house on trust land situated outside the
Nooksack Indian Reservation. The Rabangs sued, claiming intentional and
negligent infliction of emotional distress stemming from the legal process leading
up to the issuance of the eviction order and the attempted execution of the
eviction. The trial court dismissed the case for lack of subject matter jurisdiction.