trust relationship

Crow Creek Trust Claims Dismissed under Tohono O’odham Decision

Matthew L.M. Fletcher

Here is the opinion:

Crow Creek Sioux Tribe v US

An excerpt:

Plaintiff Crow Creek Sioux Tribe filed this suit on December 29, 2005, seeking damages for Defendant’s breach of fiduciary duties and mismanagement of Plaintiff’s trust corpus. Almost 19 months earlier, on June 2, 2004, Plaintiff had filed a similar case against the Secretary of the Interior and the Secretary of the Treasury for declaratory and injunctive relief in the United States District Court for the District of Columbia. Crow Creek Sioux Tribe v. Norton, No. 1:04-cv-00900 (D.D.C.).

Defendant moves to dismiss Plaintiff’s complaint pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”) and 28 U.S.C. § 1500 (2006). As set forth below, Plaintiff’s District Court  [2] action is “for or in respect to” the same claim as the instant action and was pending at the time this action was filed. The Court is therefore bound by § 1500 to dismiss Plaintiff’s action.

Alabama-Coushatta Tribes Sues US for Failure to Pay Land Claims Judgment

Matthew L.M. Fletcher1 Comment

Here is the complaint:

Alabama-Coushatta Tribe v. United States

Colville Tribes Settle Trust Management Claims for $193 Million

Matthew L.M. Fletcher

Here.

Kaw Nation Avoids Dismissal of Trust Claims under Tohono O’odham Precedent

Matthew L.M. Fletcher

Here is the opinion:

DCT Order Denying US Motion

Federal Government’s Opening Brief in Ramah Navajo Chapter

Matthew L.M. Fletcher

Here.

Federal Court Dismisses Colville Tribe from Non-Indian Claims to Indian Allotments (Sorta)

Matthew L.M. Fletcher1 Comment

Here are the materials in this update to Grondal v. United States (E.D. Wash.):

021612 Order

Colville Motion

Plaintiffs’ Opposition

Wapato Heritage Opposition

Colville Reply

An excerpt from the court’s order:

Plaintiffs filed their Complaint on January 21, 2009. Plaintiffs have acquired memberships in and are tenants/occupants of the Mill Bay Resort, a campground located on Lake Chelan in Chelan County, Washington. The Mill Bay Resort exists on real property known as Moses Allotment No.8, also known as Indian Allotment 151-MA-8 (“MA_8”), which consists of approximately 174.26 acres on the shores of Lake Chelan. MA-8 is part of an original allotment authorized under the Moses Agreement of July 7, 1883 as ratified by 23 Stat. 79-80, July 4, 1884 and conveyed to Wapato John through two trust patents. The history of the creation ofMA-8 and other Moses Agreement allotments has been discussed elsewhere, including in this court’s decision on summary judgment (ECF No. 144), in Wapato Heritage, LLC v. U.S., 637 F.3d 1033 (9th Cir. 2011), and in U.S. v. La Chappelle, 81 F. 152 (C.C. 12 Wash. 1897), United States v. Moore, 161 F. 513 (9th Cir. 1908), and Starr v. Long Jim, 227 13 U.S. 613 (1913).

BLT Coverage of D.C. Circuit Oral Argument in Cobell

Matthew L.M. Fletcher

Here.

News Coverage of Campbell v. BIA and Tulalip

Matthew L.M. Fletcher

Here.

Two Shields’ Motion to File Surreply

Matthew L.M. Fletcher

Here:

RAMONA TWO SHIELDS MOTION 2-10-12

Federal NAGPRA/NHPA Claims re: Mt. Hood Road Construction Survive Motions to Dismiss … For Now

Matthew L.M. Fletcher

Here are the materials in Slockish v. FHA (D. Or.):

Magistrate Report in Slockish

DCT Order in Slockish