The Washington Supreme Court has agreed to consider whether tribes can be sued in state courts, taking up a case a lower court judge observed has consequences for settling disputes peacefully.

The case, Flying T Ranch v. Stillaguamish Tribe of Indians, arises from a dispute over who owns about 2 acres of pastureland along the north fork of the Stillaguamish River in Snohomish County.

Cattle have grazed there since the 1960s and the ranch claims ownership by its longtime occupation of the land.

The tribe argues it bought the land with federal and state grants for fish habitat.

The ranch pressed its claim in Superior Court, but a judge said he didn’t have jurisdiction over the tribe. An appeals court upheld the decision, ruling it will take an act of Congress to force the tribe into court.

“I obviously did not agree with that,” rancher Tammy Blakey said. “Why would you take a simple adverse possession case to Congress?”

The state Supreme Court decided Dec. 3 to hear the ranch’s appeal. The court may hear the case during its winter term, but a date has not been set.

The tribe asked the court to deny hearing the case, arguing the Court of Appeals Division I was right to rule state courts can’t diminish tribal sovereignty.

Tribal sovereignty strips state courts of jurisdiction over tribes, the tribe argued. Efforts to obtain further comment from the tribe were unsuccessful.

Appeals Court Judge Stephen Dwyer underscored the importance of the case at a hearing in February. He asked whether tribes could buy property in foreclosure and not pay lenders.

“This is the nature of sovereign immunity,” Stillaguamish tribe attorney Raven Arroway-Healing said.

“I just wanted to be clear that we understand what you are urging us to put at stake here. Thank you for your candor,” Dwyer said.

If courts are not an option, that leaves two other options, Dwyer said. One is resorting to the political branch; “the other is returning to the 19th century and resorting to warfare,” he said.

“That’s the practicalities, right? If we don’t have courts, we either have an answer coming from the political branch, or we have violence,” Dwyer said.

Dwyer asked Flying T attorney Kevin Hochhalter whether the courts or Congress determined tribal sovereign immunity. Hochhalter said it could be both. “It’s got to be one or the other,” the judge said.

The three-court panel unanimously decided it was Congress. Judge Ian Birk explored the history of sovereign immunity — for tribes and foreign countries — in an opinion that reached as far back as the War of 1812.

“Flying T’s remedy lies with Congress,…” Birk wrote.

“I thought Division I made the wrong decision,” Blakey said. “I was really shocked because of the comments made by Judge Dwyer.”