Luger v. Luger — State Court Jurisdiction over On-Reservation Property

Here is the North Dakota Supreme Court’s opinion in Luger v. Luger. Here is an excerpt:

Here, although Robert Luger and Raymond Luger reside on the Standing Rock Reservation, they cannot benefit from the principle that states, “‘a reservation Indian’s domicile on the reservation is not an in-state contact which grants jurisdiction to state courts,'” because they are not enrolled members of that reservation. Byzewski v. Byzewski, 429 N.W.2d 394, 397 (N.D. 1988) (quoting State ex rel. Flammond v. Flammond, 621 P.2d 471, 473 (Mont. 1980)). “[Indians who are not members of the reservation on which they reside] are citizens of the State . . . .” Washington v. Confederated Tribes of the Colville Indian Reservation, 447 U.S. 134, 186 (1980) (Rehnquist, J., concurring). Therefore, even if an Indian reservation constitutes a dependent sovereign nation separate from a state, Robert Luger and Raymond Luger are not “out-of-state” defendants. Moreover, Robert Luger and Raymond Luger were personally served the summons and complaint by the Sioux County Sheriff on December 30, 2005, and January 3, 2006.

Here is the appellant brief and here is the appellee brief.