District of Arizona – Page 20

As Indianz reported, the federal court has dismissed the claim for failure to exhaust tribal remedies (and in heavy reliance upon the Ninth Circuit’s recent decision in the Water Wheel case).

Here are those materials:

Hualapai Motion to Dismiss

GCSD Opposition

Hualapai Reply

Grand Canyon Skywalk v. Vaughn (DAriz 2011)

Federal Court Order Granting Stay Pending Appeal in Tohono O’odham Trust Acquisition Case

June 20, 2011June 18, 2011Matthew L.M. Fletcher

Here:

DCT Order Granting Stay in TON Trust Acquisition Case

The earlier order granting summary judgment to the federal government is here.

Federal Prosecutors Decline Half of Indian Country Cases in Arizona

June 1, 2011June 1, 2011Matthew L.M. Fletcher

Here is the news article.

An excerpt:

The Arizona letters provide a window into a much larger government study of Department of Justice records in which 50 percent of the 9,000 cases filed from tribal lands during fiscal years 2005-2009 were declined.

In the study, 42 percent of rejections were attributed to weak or insufficient admissible evidence; 18 percent to “no federal offense evident;” and another 12 percent to witness problems.

In the AP’s Arizona review, the reasons – many cases cite more than one – were:

– 59 percent cited insufficient or inadmissible evidence. That could mean anything from inferior investigations by law enforcement to inadequate crime scene preservation.

– 27 percent cited witness problems, which can include witnesses recanting, being viewed as not credible, or simply disappearing.

– 16 percent cited a lack of jurisdiction, which can speak to the level of a crime. For example, the injuries of a detention sergeant beaten by an inmate weren’t serious enough to be a federal crime.

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Tohono O’odham Trust Acquisition Enjoined under Rule 62(c) in Gila River Indian Community v. US

May 4, 2011Matthew L.M. Fletcher

Here is that order:

Injunction in GRIC v. United States 05-03-2011

Previously, the court had granted summary judgment to the United States (materials here).

News Coverage & Legal Pleadings in Grand Canyon Skywalk Dispute

April 20, 2011April 19, 2011Matthew L.M. Fletcher3 Comments

Here are the initial pleadings in Grand Canyon Skywalk Development LLC v. Vaughn (D. Ariz.):

GCSD Complaint

GCSD Motion for TRO

And here is the article.

An excerpt:

Both sides have hired former U.S. attorneys: Paul Charlton, once the top federal prosecutor in Arizona, represents the Hualapais. Troy Eid, who held a similar position in Colorado, represents Skywalk Development.

According to the lawsuit, Jin negotiated a 25-year contract with a tribally owned company to build and operate the attraction for half of the proceeds. Jin claims to have received no revenue since the first year.

Jin previously had worked with Hualapai leaders to finance and establish helicopter, rafting and other tours on the reservation, where outside developers cannot operate without tribal permission.

Sarah Krakoff, a law professor and former director of the American Indian Law Clinic at the University of Colorado, said she is not familiar with the case but foresees political and economic damage if a tribe uses sovereign power to nullify a contract with an outside investor.

“There are risks for folks trying to do business in Indian country,” Krakoff said, “and if it is perceived that those risks are heightening, that could spell a concern.”

Robert Anderson, director of the University of Washington’s Native American Law Center, said Indian nations have broad authority over reservation activities and may be insulated from federal jurisdiction by sovereignty. Because of that, he said, tribes doing business with outsiders sometimes waive sovereign immunity for business purposes.

Anderson noted that the Hualapai Tribe will have to pay “just compensation” if it tears up Jin’s contract and risks being shunned by other investors.

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