fee to trust

Federal Claims Court Dismisses Takings Claim Brought by Neighbor to Cherokee Casino

Matthew L.M. Fletcher

Here are the materials in Berry v. United States (Fed. Cl.):

7 Amended Complaint.pdfDownload
9 Motion to Dismiss.pdfDownload
9-2 Aerial Photo.pdfDownload
11 Response.pdfDownload
12 Reply.pdfDownload
18 DCT Order.pdfDownload

Tenth Circuit Briefs in State of Kansas ex rel. Schmidt v. Dept. of the Interior

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Interior Response Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

Wyandotte removal trail.

Sault Tribe En Banc Petition in Trust Land Acquisition Case

Matthew L.M. Fletcher

Here is the petition in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland:

en-banc-petitionDownload

Panel stage materials here.

Saint Mary’s [i.e. Sault Sainte Marie] Canal celebration, reviewing stand and Indian village

Split D.C. Circuit Rules against Sault Tribe in Mandatory Trust Acquisition Appeal [“shall” does not mean “shall”]

Matthew L.M. Fletcher

Here is the opinion in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland.

Briefs here.

For commentary on legal analysis by reading the dictionary, see Joseph Kimball’s work on the Michigan Supreme Court’s use of dictionaries.

National Archives

Cert Petition Filed in Challenge to Wilton Rancheria Lands Case

Matthew L.M. Fletcher

Here is the petition in Stand Up for California! v. Dept. of the Interior:

SUFC! Petition

Question presented:

Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.

Lower court materials here.

Jamul Action Committee v. Simermeyer Cert Petition

Matthew L.M. Fletcher

Here:

Jamul Pet2

Questions presented:

1. Whether, in 1994, Congress eliminated the distinction between “historic tribes” and “created tribes” and, thereby, eliminated the requirement that a tribe must have pre-existed the United States to have tribal immunity
2. Whether the JIV, which became a quarter-blood Indian group in 1996, is a federally recognized tribe, with tribal immunity, by virtue of the fact that it is still on the list of “Indian tribal entities” eligible to receive BIA services.

Lower court materials here.

Interior’s Acquisition of Wyandotte Nation Trust Land Affirmed

Matthew L.M. Fletcher

Here are the materials in State of Kansas v. Dept. of the Interior (D. Kan.):

35 Interior Motion to Strike

34 Plaintiffs Motion

40 Interior Brief

36 Response to 35

42 DCT Order

41 Reply

Prior post here.

Catawba Nation Prevails against Cherokee Nations in Trust Land Matter

Matthew L.M. Fletcher

Here is the opinion in Eastern Band of Cherokee Indians v. Dept. of the Interior (D.D.C.):

77 DCT Order

Briefs here.