tribal courts – Page 148

Nancy Sue Bear claims the Brown County District Court did not have jurisdiction to dissolve the family partnership and then partition and order the sale of real estate that she and her family, all enrolled members of the Kickapoo Nation Tribe, had farmed on the Kickapoo Reservation. Indian tribes are domestic dependent nations that exercise inherent sovereign authority over their members and territories. Because all of the parties to their action are enrolled members of the Kickapoo Nation Tribe and all of the land is located within the Kickapoo Reservation, we hold that the tribal court is the proper forum for resolving this dispute. It is a matter of sovereignty. We reverse the judgments of the district court and remand the matter with directions to dismiss the case.

Navajo Nation SCT Decides Navajo v. RJN Construction Management

January 19, 2012Matthew L.M. Fletcher

Here:

Navajo Nation v. RJN Construction Management, Inc., et al, No. SC-CV-13-11. Opinion. In this appeal filed by RJN, the Home for Women and Children, and Robert Nelson, the Supreme Court affirms the lower court’s permanent order enjoining appellants from blocking access to the worksite and otherwise interfering with the Navajo Nation’s legal obligation to build a shelter facility pursuant to a business site lease issued to the Home by the Navajo Nation. The Court stated that a business site leaseholder’s possessory right on tribal trust land is strictly limited by the specific purposes for which the lease has been approved for the holder. The Court further stated that while the lower court was wrong in excluding contract-based justifications from RJN on the basis of sovereign immunity, the justifications were only relevant insofar as they bear on the consideration of the injunction itself as an equitable remedy. In this case, the Court found harmless error. (January 17, 2012).

This case was argued at Yale Law School.

N.C. Appellate Court Affirms Transfer of Civil Claims against Tribal Casino to Tribal Court

January 18, 2012Matthew L.M. Fletcher3 Comments

Here are the materials in Carden v. Owle Construction:

NC App Opinion

Carden Appellant Brief

Owle Construction Appellee Brief

Carden Supplemental Memorandum

Lower Court Record

Malpractice Claim against Plaintiff’s Attorney Arising Out of Quinault Slip and Fall Dismissal

January 18, 2012January 17, 2012Matthew L.M. Fletcher

Here is the state court complaint in Herda v. Daniel Gordy & Assoc. (and Tribal First/Hudson Insurance):

Herda Complaint

Opening Brief in Wisconsin SCT Case Involving Tribal Court Transfer Rule (Kroner v. Oneida)

January 12, 2012Matthew L.M. Fletcher1 Comment

Here:

kroner opening brief – WI SUPCT

Lower court materials are here.

Two Navajo SCT Opinions Filed Late in 2011: Criminal and Grazing Permit Disputes

January 4, 2012Matthew L.M. Fletcher

Here they are (website):

Bitsie v. Greyeyes, Opinion. The Court grants habeas relief to a defendant who was verbally charged with an additional crime at his pre-trial conference, arrested, then denied bail at his arraignment later the same day. While Navajo law allows bail to be heard at arraignment, the law requires specific findings on enumerated grounds by clear and convincing evidence. No such findings were part of the record in this case. Additionally, the Court stated that where the underlying charge does not specify incarceraton as a possible sentence, courts shall consider alternatives to detention as a first option. (December 29, 2011).

In the Matter of Quiet Title to Livestock Grazing Permit No. 8-487 Formerly Held by Martha Francis, Opinion. In this appeal of the Kayenta Family Court’s dismissal of a quiet title action regarding a grazing permit due to lack of subject matter jurisdiction, the Court reverses, stating that Navajo Nation Council resolution CO-59-03 did not establish the Office of Hearings and Appeals as the exclusive forum for resolving disputes concerning grazing permits and did not divest the family courts of their authority to hear and decide such matters as part of probate and quiet title actions. The Court stated that upon remand, the family court must look into whether the decedent perfected a transfer of the permit during her lifetime or effected an oral will. Additionally, the Court addressed the 5-year statutory probate filing deadline and stated in a footnote that a late filing does not mean that a decedent’s estate may never be legally distributed. A decedent’s family may still seek distribution of the decedent’s estate through intestate administration after the statute of limitations has passed. (December 29, 2011).

Navajo SCT Opinion: Thomas-Pittman v. Navajo Nation

December 24, 2011December 23, 2011Matthew L.M. Fletcher

Here.

The court’s syllabus:

In this attempted filing of a pleading contesting an order of the Office of Hearings and Appeals without a filing fee due to indigency, the Court dismisses on the basis of improper filing. The Court repeats that the fee is jurisdictional and may be waived only where required under the Navajo Nation Bill of Rights. The Court provides a summary of circumstances in which the waiver is available, and cautions filers that their pleadings must conform to content requirements in appellate court rules.

Minnesota Court Recognizes Tribal Court Judgment of $19 Million against Gaming World International

December 23, 2011Matthew L.M. Fletcher

Here is the news coverage.

We posted about the tribal court decision here.