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