Arizona Court of Appeals — Division 1

Arizona COA Allows On-Reservation Utility to Challenge State Taxes

Matthew L.M. Fletcher

Here is the opinion in South Point Energy Center LLC v. Arizona Dept. of Revenue.

An excerpt:

South Point Energy Center, LLC (“South Point”) appeals the tax court’s entry of summary judgment in favor of the Arizona Department of Revenue and Mohave County (collectively, “Defendants”) on South Point’s actions challenging the assessment of property taxes. The tax court concluded that South Point was collaterally estopped from challenging the legality of the taxes and that relief was not available under the error-correction statutes. We disagree. First, issue preclusion did not apply because South Point’s challenges were based on an issue not raised in previous litigation. Second, the alleged error falls within the broad category of mistakes for which relief is available under the errorcorrection statutes.

Arizona Court of Appeals Affirms Immunity of Tribal Police for Off-Reservation Actions

Matthew L.M. Fletcher

Here is the opinion in Brown v. Officer K. Robertson #Y234 (Ariz. Ct. App.):

CV 14-0812

Arizona COA Holds Tribally-Licensed Attorney May Not Practice Law Off Reservation without State License

Matthew L.M. Fletcher1 Comment

Here is the opinion in State Bar of Arizona v. Lang (Ariz. App.):

State Bar of Arizona v Lang

An excerpt:

Randy D. Lang, a nonmember of the State Bar of Arizona, was enjoined from practicing law in Arizona based on evidence that he repeatedly engaged in the unauthorized practice of law. We hold that a person who presents himself as an attorney based in an Arizona office engages in the unauthorized practice of law unless he has been admitted to practice before the Arizona Supreme Court, even if he has been admitted to practice in a tribal court within the boundaries of Arizona. The supreme court rules that compel this conclusion violate neither the First Amendment nor principles of tribal sovereignty. We further conclude that the superior court properly granted the State Bar of Arizona’s motion for summary judgment, and that the injunction is reasonable in its scope. We therefore affirm.

Opening Brief in Arizona/Hualapai Indian Country Criminal Jurisdiction Case

Matthew L.M. Fletcher

Here is the brief in State v. Mahone (Ariz. App.):

Mahone Opening Brief

 

Arizona Supreme Court Declines to Review Shirk v. Lancaster — ISDEAA Immunity Case Favoring Tribal Interests

Matthew L.M. Fletcher

Here:

Arizona SCT Order

Petition for review briefs here.

Arizona COA materials here and here.

Trial court materials here:

(2008) 09.24.08 Order Granting MTD as to GRIC Dfndnts

2011 11.30.11 ME Under Advisement Ruling

City of Flagstaff Petition for Arizona SCT Review in Hopi Tribe v. City of Flagstaff

Matthew L.M. Fletcher

Here:

Flagstaff Petition for Review

Lower court materials here.

Arizona SCT Petition for Review of Dismissal of Tort Claim against Gila River Indian Community — Updated 8-28-13

Matthew L.M. Fletcher1 Comment

Here is the petition in Shirk v. Lancaster:

Shirk Petition for Review

Update: Lancaster Response

Lower court materials here.

Arizona COA Decides ISDEAA Immunity Case in Favor of Tribal Interests

Matthew L.M. Fletcher2 Comments

Here is today’s opinion in Shirk v. Lancaster:

CV 12-0131

An excerpt:

Loren Shirk seeks damages for allegedly negligent conduct by two Gila River Indian Community (“GRIC”) police officers. Because we conclude the trial court erred in granting Shirk’s motion to set aside the prior final judgment in favor of the officers, we reverse.

Briefs are here. Lower court materials here. Materials in related case against City of Chandler here. Here are the materials in the federal case dismissing a Federal Tort Claims Act action.

Arizona COA Holds Hopi Tribe May Proceed on Public Nuisance Claim against City of Flagstaff/Arizona Snowbowl

Matthew L.M. Fletcher2 Comments

Here is the unpublished opinion:

CV12-0370

An excerpt:

The superior court’s judgment dismissing the Tribe’s public nuisance claim is reversed. Although reversing, this decision does not address the merits of the public nuisance claim but, instead, addresses only the issues properly presented and decided on this appeal from the dismissal of the complaint pursuant to Arizona Rule of Civil Procedure 12(b)(6).

News coverage.

Arizona COA Briefs in ISDEAA Tribal Immunity Case — Case to Watch

Matthew L.M. Fletcher2 Comments

Here are the available briefs in Shirk v. Lancaster:

Lancaster et at Opening Brief

Navajo Nation Amicus Brief

GRIC Amicus Brief

Shirk Answering Brief

Shirk Response to GRIC Amicus

Lancaster et al Reply

Lower court materials here. Materials in related case against City of Chandler here. Here are the materials in the federal case dismissing a Federal Tort Claims Act action.