Tag Archives: 1855 Treaty With The Yakama

SCOTUS Denies Cert in Mitchell v. Tulalip; Teck Metals v. Colville; and King Mountain Tobacco

Here is the order list. Mitchell materials here. Teck Metals materials here. King Mountain materials here.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , , , , , , , , ,

King Mountain Tobacco v. US Cert Petition

Here: cert petition Questions presented: 1. Whether the Ninth Circuit erred in holding that the Yakama Treaty must include  express exemptive language” to create an exemption from a federal tax or fee.  2. Whether the Ninth Circuit erred in holding that the federal tobacco … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, Supreme Court, taxation | Tagged , , , , , ,

Ninth Circuit Rejects Treaty Defense in United States v. King Mountain Tobacco (Nos. 14-36055, 16-35607)

Here is the opinion. An excerpt: We affirm our longstanding rule that Indians—like all citizens—are subject to federal taxation unless expressly exempted by a treaty or congressional statute. Hoptowit, 709 F.2d at 566. In this case, neither the General Allotment Act nor the Treaty … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, taxation, treaty rights | Tagged , , ,

Ninth Circuit Materials in United States v. King Mountain Tobacco Co. (Nos. 14-36055, 16-35607)

Here: Opening Brief Appellee Brief Reply Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, taxation, treaty rights | Tagged , , ,

County Sues BIA Over Boundary Dispute and Retrocession on Yakama Reservation

Download materials in the matter of Klickitat County v. U.S. Department of Interior (E.D. Wash.): Doc. 1 Complaint for Declaratory and Injunctive Relief Link to previous coverage here.

Posted in Author: Sarah Donnelly, treaty rights | Tagged , , , , ,

Confederated Tribes and Bands of the Yakama Indian Reservation v. McKenna Cert Petition

Here: cert petition Question presented: Whether federal courts called upon to enforce Indian treaty protections in tribal challenges to State regulation may enter judgment against the Indian Tribe without considering evidence and entering findings of fact on the Indians’ understanding … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, taxation, treaty rights | Tagged , , , , , , , , | 1 Comment

Ninth Circuit Rejects Treaty Argument in King Mountain Tobacco v. McKenna

Here is the opinion. The court’s syllabus: Affirming the district court’s summary judgment, the panel held that the Yakama Treaty of 1855 did not preclude enforcement of the State of Washington’s escrow statute, which requires tobacco companies to place money … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , , , , , , | 2 Comments

Ninth Circuit Materials in King Mountain Tobacco v. McKenna

Here are the briefs: King Mountain Opening Brief  Washington Answer Brief King Mtn Reply Brief Oral argument link here. Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , , , , , | 2 Comments

Federal Court Rules Against King Mountain Tobacco in Dispute with Washington State

Here are the materials in King Mt. Tobacco Co. v. McKenna (E.D. Wash.): DCT Order Washington AG Motion for Summary J King Mountain Opposition Washington AG Reply King Mountain Tobacco Motion for Summary J Washington AG Opposition King Mountain Reply … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation, treaty rights | Tagged , , , , , | 1 Comment

Amended Complaint in Yakama Indian Nation Claims against FBI’s Invasion of Yakama Reservation

Here: Yakama v. Holder Filed Second Amended Complaint. Apparently, the FBI’s raid on the Yakama reservation included law enforcement units from local counties and, remarkably, from jurisdictions in Mississippi and Virginia.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, treaty rights | Tagged , , | 2 Comments