North Dakota Supreme Court Decides On-Reservation Jurisdiction Case

Here is the opinion in Gustafson v. Poitra.

The court’s syllabus:

The appellate court may consider whether the district court had subject matter jurisdiction and may consider the issue sua sponte.

A state court does not have subject matter jurisdiction where a non-Indian claimant initiates an action against Indian defendants over a lease of fee land owned by the Indian defendants within the exterior boundaries of the reservation.

And links to the appellant and appellee briefs.

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