Wright v. Colville Tribal Enterprise Corp.

¶40 (dissenting) — The majority commits several errors in deciding this case which leads to an erroneous conclusion. The trial court decision dismissed the complaint pursuant to a CR 12(b)(1) motion, concluding it lacked subject matter jurisdiction.10 The Court of Appeals *128reversed that decision, and petitioners did not challenge that issue here.11 To the extent this case presents an issue involving tribal immunity, the factual record is insufficient for an appellate court to make this determination. This case should be remanded to the trial court for further proceedings.

C. Johnson, J.

*128¶41 The…