District of Montana – Page 10

No adequate alternative forum exists to address the Town of Browning’s ex Parte Young action. The Blackfeet Tribal Court appears to represent an adequate alternative forum, however, to address the ongoing dispute between the Blackfeet Tribe and the Town of Browning. Indeed, in the Blackfeet Tribal Court, the Town of Browning can litigate against the Blackfeet Tribe directly rather than through an ex Parte Young action. Further, the Town of Browning appears to have moderated its position regarding the relief that it seeks. (Doc. 159). The Town of Browning appears to seek some reasonable compensation from the Blackfeet Tribe for use of the Town of Browning’s water main to deliver water to utility customers. The Town of Browning can seek and obtain this relief as a counterclaim in the breach of contract claim currently pending in the Blackfeet Tribal Court. Although the Town of Browning has challenged the Blackfeet Tribal Court’s jurisdiction over it on the grounds of sovereign immunity, the existence of a contract between the parties appears to confer jurisdiction on the Blackfeet Tribal Court. Montana v. United States, 450 U.S. 544, 565 (1981). An alternative forum exists for the Town of Browning to obtain the relief it seeks.

After weighing the factors listed in Rule 19(b), this Court has determined that this case should not proceed in the absence of the Blackfeet Tribe, a required party. The potential prejudice to the Blackfeet Tribe far outweighs the harm to the Town of Browning. The Blackfeet Tribal Court represents an alternative forum for the Town of Browning to address its underlying dispute with the Blackfeet Tribe.

Materials on the preliminary injunction stage of this litigation are here.

Federal Court Denies Town’s Motion for Injunction against Blackfeet Tribe Officials in Utility Dispute

April 30, 2015April 30, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in Town of Browning v. Sharp (D. Mont.):

127 Motion for PI

129 Response

131 Reply

150 Magistrate Report

153 Objections

155 Reply to Objections

157 DCT Order Denying PI

Prior post here.

Federal Court Orders Exhaustion of Tribal Remedies in Suit Brought against Utility in Blackfeet Tribal Court

April 28, 2015April 29, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in Glacier Electric Cooperative, Inc. v. Gervais (D. Mont.):

An excerpt:

The Court at this juncture simply must determine whether jurisdiction is “plainly” lacking. The standard set forth in Grand Canyon Skywalk applies to this case irrespective ofthe ambiguous nature of the land ownership. Glacier Electric’s actions, at the minimum, amount to an intrusion on the Blackfeet Tribe’s right to exclude. Glacier Electric’s actions could be subject to the Blackfeet Tribe’s right to regulate and adjudicate non-members based on interference with its right to exclude.