Here is the order — Order – WW v. LaRance – D.Ariz.
Previous materials are here.
An excerpt:
Plaintiffs Water Wheel Camp Recreational Area, Inc. and Robert Johnson have been sued for eviction in an action pending in the Tribal Court of the Colorado River Indian Tribes (“CRIT”). Plaintiffs ask this Court to prevent Defendants – a judge and clerk of the Tribal Court – from proceeding with the Tribal Court action. Plaintiffs argue that the Tribal Court lacks subject matter jurisdiction under Montana v. United States, 450 U.S. 544 (1981).
After hearings on two requests for temporary restraining orders, extensive litigation
in the Tribal Court and Tribal Court of Appeals, and considerable briefing and oral argument, the Court concludes that the Tribal Court properly exercised jurisdiction over Water Wheel, but not over Robert Johnson. The Court will grant Plaintiffs’ request for declaratory relief with respect to Mr. Johnson and deny it with respect to Water Wheel.
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