Guest Post by Frank Pommersheim on the Recent Federal Court Decision Affirming Flandreau Tribal Court Jurisdiction over Nonmember Business

The federal district court decision of Judge Schreier that denied the plaintiff’s motion for a preliminary injunction in the case of Fox Drywall and Plastering, Inc. v. Sioux Falls Construction was a ringing endorsement of the Flandreau Santee Sioux Tribal Court of Appeals decision in this case. It is one of the few (and perhaps only) federal court decisions indicating that the tribal court’s subject matter jurisdiction over non-Indians in the Montana context was so certain that the plaintiffs were not entitled to injunctive relief in that they could not show the likelihood of prevailing on the merits. Judge Schreier also noted that “there is a significant public interest in recognizing a tribe’s sovereign right to regulate activities by non-members on tribal trust land and a tribal court’s right to enforce those regulations, as long as that regulation falls within the confines of Montana” (p. 33).

Here is the tribal appellate decision at issue: Flandreau COA Decision II

And the rest of the materials in the case are here.

Federal Court Denies Nonmember Injunction Motion in Flandreau Tribal Court Jurisdiction Dispute

Here are the materials in Fox Drywall & Plastering Inc. v. Marshall (D. S.D.):

DCT Order Denying PI Motion

Fox Drywall Motion for PI

Sioux Falls Opposition

Fox Drywall Reply

Flandreau Motion to Dismiss

Tribal Court Materials:

Flandreau Trial Court Decision I

Flandreau COA Decision I

Flandreau Trial Court Decision II

Flandreau COA Decision II