California COA (again) Permits Tax on Leased Allotments

Here are the materials in Albrecht v. County of Riverside (Cal. Ct. App.):


Opening Brief

Desert Water Agency Brief

County of Riverside Brief

Coachella Water District Brief


Related decision (and why we said “again”) here.

California COA Permits Possessory Tax on Leased Trust and Allotment Lands

Here are the materials in Herpel v. County of Riverside:


Appellant Brief

Respondent Brief


Trial Court Order

Save the Date: NAICJA’s American Indian Justice Conference Dec. 7-8 in Palm Springs

American Indian Justice Conference
December 7-8
Renaissance Palm Springs
Palm Springs, CA

Registration Information
TBA. No cost for registration, but participants must cover the
costs of travel, lodging, and per diem/food.

For more information about
the AIJC contact:
Ansley Sherman, or 303-449-4112

The National American Indian Court Judges Association (NAICJA) and its collaborative
partners will host the American Indian Justice Conference (AIJC) on the Agua Caliente
Reservation in Southern California on December 7-8, 2017.

The goal of the AIJC is to provide training to enhance your tribal community’s response to
combat alcohol and drug abuse, recognize how trauma impacts drug and alcohol abuse in
tribal communities, and identify current trends and best practices for tribal justice systems to strengthen multi-disciplinary approaches to healing and justice. The five multi-disciplinary tracks include alcohol and substance abuse, tribal justice strategic planning, tribal courts, tribal security and probation, and tribal youth.

CTAS Purpose Area 1, 2, 3, 4, 5, 8, and 9 grantees may use grant funds to attend the
AIJC. Please confirm with your Program Manager that you have adequate travel and
training funds remaining in your award.

The conference is pending final approval by the Department of Justice. Do not make any non-refundable reservations until final approval from the DOJ has been confirmed.

California Court of Appeals Affirms Injunction against Indian Tobacco Retailer on Agua Caliente Reservation

Here is the unpublished opinion in People ex rel. Brown v. Black Hawk Tobacco, Inc.

An excerpt:

The superior court granted a preliminary injunction, prohibiting defendants and appellants Black Hawk Tobacco, Inc. (Black Hawk) and Frederick Allen McAllister (McAllister) from selling cigarettes to non-Indians in violation of state and federal laws. Black Hawk and McAllister appeal from the order granting the injunction. (Code Civ. Proc., § 904.1, subd. (a)(6).) On appeal, defendants argue that the State of California cannot regulate defendants’ sale of cigarettes to non-Indians because defendants are operating stores located on trust lands held by the United States for the Agua Caliente Band of Cahuilla Indians (the Band), a federally-recognized tribe. We reject this argument and hold the superior court did not abuse its discretion in granting the preliminary injunction against defendants.

Federal Court Finds Tribal Pension Plan Fits Within ERISA Governmental Plan Provision

Here are the materials in Stopp v. Mutual of Omaha (E.D. Okla.):

DCT Order Granting Stopp Motion

Stopp Motion for Summary Judgment

Mutual of Omaha Response to Stopp Motion for Summary Judgment

Stopp Response to Mutual of Omaha Motion for Summary Judgment

Looks like the insurance company is the bad guy in this one.