Ninth Circuit Denies En Banc Review in Chehalis Great Wolf Lodge Tax Case

Here:

CA9 Order Denying En Banc Review

The petition is here.

Panel materials are here.

Thurston County Files En Banc Petition in Ninth Circuit Appeal

Here:

Thurston Co en banc petn

Panel materials are here.

Update in Chehalis v. Thurston County

Here are additional materials relating to a motion for clarification by the county:

Motion for Clarification

Motion to Clarify Denied

Motion to Extend Time

Motion to Extend Time Granted

Panel decision materials here.

Chehalis Tribe Prevails in Great Wolf Lodge Tax Case

Here is the opinion.

The court’s summary:

Reversing the district court’s summary judgment, the panel held that state and local governments lack the power to tax permanent improvements built on non-reservation land owned by the United States and held in trust for an Indian tribe pursuant to 25 U.S.C. § 465.

The panel held that pursuant to Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973), the exemption of trust lands from state and local taxation under § 465 extends to permanent improvements on such lands. The panel concluded that the fact that the improvements were owned by a limited liability company, rather than by the tribe itself, was irrelevant, as was the question whether the improvements constituted personal property under state law.

Briefs here.

Oral argument audio here.

Judicial notice materials re: new federal leasing regs are here.