STATE EX REL. DEWBERRY v. Kulongoski

Relators filed a petition for a writ of mandamus in Lane County Circuit Court in 2003, challenging the Governor’s authority to enter into a gaming compact with the Confederated Tribes of Coos, Lower Umpqua, and Suislaw Indians (the Tribes). Under the compact, the Tribes would be permitted to open a casino near Florence, Oregon. On the state’s motion, the trial court dismissed relators’ petition on two grounds: (1) relators had failed to show that they had no adequate remedy at law; and (2) relators had failed to join the Tribes in the action, in violation of ORCP 29 A. Relators appealed, and…