Author: Matthew L.M. Fletcher

Washington “Payment In Lieu of Taxes” Statute Struck Down by State Trial Court

Matthew L.M. Fletcher

Here is “Tossed out: Superior Court deems tribal tax-break bill unconstitutional.”

And State Superior Court Strikes Down HB 1287, and PILTs as “Taxes”

Here is the court’s order in City of Snoqualmie v. King County Executive (King County Super.):

Order

An excerpt:

3. The payment labeled “payment in lieu of tax” (“PILT”) in Section 8 of Engrossed Substitute House Bill (“ESHB”) 1287 is a property tax under Washington Law;

4. The PILT is subject to uniformity requirements in Article VII of the Washington Constitution;

5. The PILT violates the uniformity requirements in Article VII of the Washington Constitution because it is not imposed at an equal tax rate and does not produce equality in valuing the property taxed; and

6. Section 8 of ESHB 1287 violates Article VII Section 1’s command that “the power of taxation shall never be surrendered, suspended or contracted away.

Background materials here.

Pro Se Effort Challenging Michigan DNR Land Sale to Mining Company Fails

Matthew L.M. Fletcher1 Comment

Here are the materials in Bellfy v. Creagh (W.D. Mich.):

1 Complaint

1-1 CORA Resolution

2 Motion for TRO

4 DCT Order Denying TRO

An excerpt:

This matter is before the Court on Plaintiffs’ ex parte Motion for Temporary Restraining Order (docket # 2), filed today. Plaintiffs seek to “enjoin Defendant, or other State of Michigan officers, employees, agencies, subdivisions, successors, or assigns” from approving a proposed sale of State land in the Upper Peninsula. (docket # 2.) Plaintiffs contend that the sale would impair their rights under the 1836 Treaty of Washington and in a 2007 Consent Decree reaffirming those rights. The Consent Decree is the subject of another case in this District, United States of America v. State of Michigan, et al., No. 2:73-CV-26 (W.D. Mich. November 2, 2007) (consent decree, docket # 1799), currently assigned to Chief Judge Paul Maloney. The Consent Decree not only addresses substantive rights of the parties, but also describes detailed alternative dispute resolution procedures. (docket # 1799, pp. 62-67.) The nature of the claim Plaintiffs are attempting to assert pro se appear to touch on both procedural and substantive provisions of the Consent Decree.

South Dakota Supreme Court Declines Jurisdiction over Challenge to Transfer of Trust Land

Matthew L.M. Fletcher

Here is the opinion:

Estate of Ducheneaux v Ducheneaux

An excerpt:

The Estate of Wayne Kenneth Ducheneaux appeals the Sixth Judicial Circuit Court’s denial of its motion for summary judgment and that court’s dismissal of the Estate’s action for lack of subject matter jurisdiction. The Estate argues Wayne Ducheneaux (the Decedent) lacked the requisite mental capacity, or was unduly influenced by Douglas D. Ducheneaux (Ducheneaux), when the Decedent transferred two quarter sections of Indian trust land located in Tripp County, South Dakota, to Ducheneaux. Although the Estate acknowledged the circuit court had no authority to directly return title of the trust land to the Estate, the Estate nevertheless asserts the circuit court had personal jurisdiction over Ducheneaux and, therefore, could have compelled Ducheneaux to make application to the Bureau of Indian Affairs to transfer the two quarter sections back to the Estate. We agree that the circuit court lacked jurisdiction over the parcels held in trust by the United States and affirm.

Federal Court Holds Tribal Exhaustion Doctrine Does Not Apply to ERISA Claims

Matthew L.M. Fletcher

Here are the materials in Coppe v. Sac & Fox Casino Healthcare Plan (D. Kan.):

9 Sac and Fox Motion to Dismiss

13 Response

14 Reply

15 DCT Order

An excerpt:

This case is now before the court upon a motion to dismiss or stay for failure to exhaust tribal remedies. The motion is brought by defendant Sac & Fox Casino Healthcare Plan. This motion asks the court to rule as a matter of comity that before bringing a claim in this court, plaintiff must bring an ERISA action for recovery of insurance benefits under the casino’s nongovernmental plan in tribal court. We assume for purposes of this order that plaintiff is not a member of the Sac & Fox Tribe and that the Plan is not a “governmental plan” as defined in ERISA. We hold that Congress has preempted the tribe’s adjudicatory authority over ERISA claims and, therefore, exhaustion of tribal remedies is not required.

Scholarship Created In Memory of Evelyn Stevenson

Matthew L.M. Fletcher1 Comment

Scholarship Created In Memory of Evelyn Stevenson

Evelyn Stevenson touched many lives throughout her lifetime.  She will be greatly missed, not only in Indian country but throughout the world.  Fortunately, her strong and passionate advocacy for Indian people and tribal sovereignty will continue to ripple forward through those she mentored, mothered and assisted in a multitude of ways.  Evelyn’s obituary paints a vivid picture of her generosity, dedication, determination, diverse interests and sense of humor.  As noted by her son Craig Stevenson, Evelyn was a strong supporter of education in the broadest sense possible.  Building on Evelyn’s recognition that education can be a powerful tool for protecting, preserving and promoting the vast array of components associated with tribal sovereignty, a scholarship has been established in her memory at the Salish Kootenai College.  Individuals wishing to honor Evelyn Stevenson by donating to this scholarship should contact the SKC Foundation online, by phone at 406-275-4983 or by mail at P.O. Box 70, Pablo, MT  59855.

Indian Land Tenure Foundation CLE — March 24-26, 2015

Matthew L.M. Fletcher1 Comment

ILTF is doing another Tribal Land Staff National Conference March 24-26, this time in Pala, CA. We are cohosting the event with the National Tribal Land Association (NTLA). We have a whole track of CLE programs – 13.25 credit hours are available and have already been approved in Minnesota. We’re doing the live event, obviously (California CLE credit is pending), but we’re also going to make the audio recordings of the programs available on demand at West LegalEdcenter – the same place we broadcast the program from when you did that CLE on Treaties (which was awesome) with us a year or two back.

 

I have a link to the event page here: http://www.ntla.info/tribal-land-staff-national-conference/, and a list of programs, their speakers and the number of credit hours awarded by MN is below:

 

Understanding Mineral and Surface Rights on Indian Lands – Marcela Burges Giles (1.75 hours)

Utility Negotiations on Rights of Way and Easements – Maranda S. Compton (1.5 hours)

Drafting and Submitting Leasing Regulations under the HEARTH Act – Cynthia Morales (1.5 hours)

What is Title Insurance and Why is it Important – Jack Zachow (1.5 hours)

Water Rights on Tribal Lands – Stephen V. Quesenberry (1.5 hours)

How American Indian Probate Reform Act (AIPRA) Affects Drafting Tribal Probate Codes – David Armstrong and Katheleen Guzmann (1.5 hours)

Air Rights Over Tribal Lands – William M. Haney (1 hour)

Legislative Updates – Dorothy Alther (1.5 hours)

Cultural Conservation Easements in Indian Country – Curtis Berkey (1.5 hours)

Candidates Sought for Southern Ute Indian Tribe In-House Lawyer Training Program

Matthew L.M. Fletcher1 Comment

Maynes, Bradford, Shipps and Sheftel, LLP, a thirteen-lawyer, Preeminent A-V and BEST Tier 1 rated law firm headquartered in Durango, Colorado, is seeking an associate attorney  for a position in the firm’s “Southern Ute Indian Tribe In-House Lawyer Training Program.” For more than 40 years, the Maynes firm has served as general counsel for the Southern Ute Indian Tribe, a tribe that is recognized for its national role in Indian country. The program is designed to train lawyers for eventual placement in the Southern Ute Indian Tribe’s Legal Department, and a substantial portion of the training will be conducted in coordination with the Tribe’s Legal Department. The program includes exposure to, and training in, all aspects of Indian law, as well as supervised client contact. After the mentoring-training period, estimated to be two to three years, a successful trainee will be recommended to the Southern Ute Indian Tribal Council as an in-house attorney with the Tribe’s Legal Department. The position requires an Indian law background and membership in the Colorado Bar or ability to become licensed within eight months. Native American preference will be given for this unique employment opportunity. Salary and benefits are competitive relative to the Four Corners region. The deadline for applications is April 15, 2015; however, applications will be considered and interviews conducted on a rolling basis. Interested applicants should submit a letter of interest, resume, and writing sample to the following address, fax number, or e-mail address:

 

Maynes, Bradford, Shipps & Sheftel, LLP

Southern Ute Indian Tribe In-House Lawyer Training Program

P.O. Box 2717

Durango, CO  81302-2717

Fax:  (970)247-8827

trainingprogram@mbssllp.com

Federal Court Denies San Juan County’s Motion to Dismiss Navajo Nation’s Voting Rights Case

Matthew L.M. Fletcher3 Comments

Here are the materials in Navajo Nation v. San Juan County (D. Utah):

98 San Juan County Motion to Dismiss

99 Navajo Nation Motion for Partial Summary J — Fourth Claim

100 Navajo Nation Motion for Partial Summary J — Second and Third Claims

101 Navajo Nation Opposition to 98

104 San Juan County 56d Motion

105 San Juan County Reply re 98

166 Memorandum Decision and Order

An excerpt:

Having established subject-matter jurisdiction and the joinder of all necessary parties, the court finds that Navajo Nation has provided “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). It has thus satisfied the requirements of Rule 12(b)(6). Rule 12(c) further states that “[a]fter the pleadings are closed–but early enough not to delay trial–a party may move for judgment on the pleadings.” The court finds no basis on which San Juan County would be entitled to judgment on the merits on the basis of this briefing.

Mille Lacs Tribe Seeks Housing Attorney

Matthew L.M. Fletcher

Here is the job description:

Deputy Solicitor General Housing

Excerpt:

SUMMARY:

The Deputy Solicitor General – Housing assists the Solicitor General in litigating civil lawsuits, drafting of legal documents, providing advice for Tribal government Officials.  Practice other phases of law by performing the duties specified.

 

QUALIFICATIONS:

  • Graduate from an ABA accredited Law School.
  • Eligible to be licensed by the Mille Lacs Band of Ojibwe Bar.
  • Licensed to practice law in the State of Minnesota and eligible for license in Federal Court.
  • Experience in civil litigation with an emphasis on housing and real estate issues.
  • Thorough knowledge of property and real estate issues.
  • Minimum of two years responsible legal experience.
  • Extensive knowledge of Federal Indian Law.
  • Ability to work well with American Indians and non-Indian people.
  • Demonstrate ability to work well without close supervision and to assume immediate responsibility for a heavy caseload.
  • Unblemished background record.
  • Compliance with the Mille Lacs Band’s Drug & Alcohol Policy
  • Mille Lacs Band Member/American Indian Preference
  • A high degree of familiarity with Indian legal system and court system is vitally important in this position.
  • Must have a valid MN driver’s licenses and be insurable under the Mille Lacs Band Driver’s insurance policy.

 

DUTIES AND RESPONSIBILITIES:

  • Primary responsibility for Community Development and Housing Matters.
  • Reviews evidence in civil, criminal and other cases to formulate defense or to initiate legal action.
  • Conducts research, interviews clients, and witnesses and handles other details in preparation for trial.
  • Prepares legal briefs, develops strategy, arguments and testimony in preparation of cases.
  • Represents client in court, and before quasi-judicial or administrative agencies of Tribal, Federal or state governments.
  • Provides advice to Tribal Officials on policy issues.
  • Advises and drafts documents for Administration Policy Board, Chief Executive and Band Assembly as necessary.
  • Other duties as assigned.