Lost track of the thread on this but this is rather huge development in the case but former Supreme Court Justice Phil Talmadge is the lead attorney for the plaintiffs. This should be of interest as nearly a billion ( yes with a B ) is at stake with the tax payer picking up the tab if the court validates the governors actions. More http://www.washingtonstatewire.com/home/1399-oil_tax_would_be_overturned_says_phil_talmadge.htm and for those who do not know who he is or has accomplished. http://www.tal-fitzlaw.com/thePEOPLE.asp

November 4, 2011

To: All AUTO members

Re: Supreme Court sets date to hear oral arguments in AUTO v Gregoire


The WA state Supreme Court has scheduled oral arguments in AUTO v Gregoire, the lawsuit challenging the compacts issued by Governor Gregoire that gives tribal station operators a payment of 28 cents per gallon out of the state's motor fuel tax account for every gallon sold each month by a tribal outlet. The arguments will be heard on January 12, 2012 at 1:30 PM in the Temple Of Justice located behind the rotunda on the capitol campus in Olympia.

Typically, each side is given 1/2 hour to present its arguments. Former Supreme Court Justice Phil Talmadge will present AUTO's side. An Assistant Attorney General from the WA State Office of Attorney General will present the state's position. After hearing, the nine Justices will go into considerations and issue a ruling. The considerations can take several months before the final decision is announced.

The key question before the Court will be the motion filed by Attorney General Rob McKenna that no party can file a legal objection to any agreement that a Governor would cut with a treaty tribe, regardless of how egregious or damaging the agreement is to the citizens. He backs this assertion by use of a "Catch 22" ploy that would require that AUTO name not just the Governor but also the tribe as an "indispensable party" or the suit is thrown out. Then, he completes the box by claiming if AUTO does name the tribe, the suit must again be thrown out on the grounds we've name a sovereign identity. As a result, one could simply argue that the Governor could deed the entire state treasury for the next 100 years to a tribe and no citizen could do anything about it.

AUTO is very pleased that the suit is on a "fast track". The Supreme Court rarely grants a motion for direct review that bypasses the appellate court system, but in this case it decided the case was worthy of their immediate attention. The result is a major constitutional and legal decision will be coming out of Olympia shortly that will effect not only our industry, but every citizen of the state.

Respectfully,

Tim Hamilton
Executive Director

January 12!! Better than never, I guess. Should be interesting.

I live between 2 reservations here in Kitsap County, and wouldn't you know, the gas at the Tribal-owned pumps is 28 cents cheaper than at the other stations. The rebates given to these "super-citizens" is an unfair advantage. Why do we have to give rebates like this? Pumping gas isn't something from eons back int heir heritage that tribes want to preserve...it's just plain and simple an unfair advantage. To the citizen that does own pumps, that has to pay tax, to pay the competition who has an advantage just because of their race...try to explain that.

Go to this link and hit lawsuits as it is outlined.


http://www.autowa.org/

This just pisses me off. I don't like their attempt at getting their moblie fueling business exempted as well.

Level playing field for everybody. That is how it needs to be, but this governor plays to the special interests like no other. Creating monopolies as she sees fit, just look at her attempts on the liquor warehousing contract, paying one company $150 million, or another $300 Million, so they can run a profitable enterprise. She is one of the biggest mistakes we ever made, regardless of how intelligent some folks

You could always draft Ron Paul for Governor..

Super citizens? Really?

Explain to me how they are "Super Citizens."

Really how big and powerful will they become with this advantage. SUPER MINORITY....period. She is already in bed with them. Cant believe this is really happening.

Update.

Well, we are now two for two on direct review by the Supreme Court. Earlier it accepted our request for a direct review of our tribal motor fuel compact suit. Now, it has just agreed to keep our appeal of a summary judgment motion on our suit challenging the constitutionality of imposing the HST tax on motor fuel and using the funds for the purposes of the Model Toxic Control Act instead of depositing them in the motor vehicle fund for public roads as required by the 18th Amendment.