Trans-Canada Enterprises, Ltd., a Corporation v. Muckleshoot Indian Tribe, Anthony Little, and John Does 1 Through 4

The defendant Muckleshoot Indian Tribe appeals the entry below of a permanent injunction prohibiting the enforcement of a tribal business licensing ordinance against the plaintiff Trans-Canada Enterprises, Ltd. We reverse.

I. BACKGROUND

The Muckleshoot Indian Reservation is located in King County, Washington, near the city of Auburn. Created pursuant to the Treaty of Medicine Creek, 10 Stat. 1132 (1854), the reservation now contains large tracts of land which are held in fee by non-Indians. The City of Auburn has annexed a portion of the reservation, including an area adjacent to the White River. Since the annexation, the City has asserted land use and zoning jurisdiction over the annexed portion of the reservation.

The Tribe, apparently concerned that the City’s zoning policies were inconsistent with tribal perceptions of the most desirable pattern of development, enacted a business licensing ordinance in October 1977. The ordinance required that a tribal business license be obtained prior to the commencement of any business on the reservation, or prior to embarking on any business-related land development. The ordinance also provided for the establishment of a planning…