Sovereign Lending Tribe Wins Partial Victory in Conn. SCT

Here is the opinion in Great Plains Lending LLC v. State of Conn. Dept. of Banking:

Connecticut SCT Opinion

Briefs here.

Connecticut SCT Briefs in Great Plains Lending LLC v. State of Connecticut Dept. of Banking

Here:

Great Plains Brief

State Brief

Great Plains Reply

State Reply

Prior post here.

Connecticut Superior Court (again) Acknowledges Tribal Immunity in Great Plains Lending v. State Dept. of Banking

Here are the materials:

commissioners-proposed-order

great-plains-motion

objection

greatplainsorderaug31

By of background, in November 2015, the Connecticut Superior Court issued a decision in the Otoe-Missouria Tribe’s favor, remanding a prior state agency decision which purported to subject the Tribe’s lending entities and Chairman Shotton to civil and injunctive damages.  Following this ruling, the Connecticut Department of Banking attempted to run afoul of the Court’s prior decision and potentially subject the Tribe to participating in its administrative proceedings through discovery and possible depositions.

On August 31, 2016, the Connecticut Superior Court rejected this attempt and issued another ruling the Tribe’s favor and reaffirming its decision from November 2016 and granting the Tribe’s most recent challenge by issuing another strong decision in its favor.  In doing so, the Court explicitly stated that the Tribe’s rights were “substantially prejudiced” as a result of the Department’s actions.