Color me skeptical about the state of the Eighth Circuit’s tribal inherent powers jurisprudence if a tribal citizen who leases their land to nonmembers, who then violate the terms of that lease, cannot bring suit in tribal court to enforce the lease. Seems to me this holding is in direct conflict with the Supreme Court’s decisions ordering tribal exhaustion.
Here are the materials in WPX Energy Williston LLC v. Fettig (D.N.D.):
22 Motion to Dismiss Counterclaim
24-12 MHA Nation Trial Court Decision
27 Motion for Preliminary Injunction
38 Reply in Support of 20 + Response to 27
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