Tag Archives: Montana Supreme Court

Montana SCT Briefs in Challenge to Apsaalooke (Crow) Tribe Water Compact

Here are the briefs in In the Matter of the Adjudication of Existing and Reserved Rights Both Surface and Underground of the Crow Tribe of Indians of the State of Montana: Appellants Brief Apsaalooke (Crow) Tribe Brief US + Montana Brief … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , | 1 Comment

Montana Supreme Court Briefs in re: Crow Water Compact

Here are the materials in In the Matter of the Adjudication of the Existing and Reserved Water Rights to the Use of Water, Both Surface and Underground, of the Crow Tribe of Indians of the State of Montana: Allottees Opening … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , | 5 Comments

Montana Supreme Court ICWA Case

Here. We conclude that Mother received fundamentally fair procedures prior to the termination of her parental rights. She never raised any objection to the lack of a formal adjudicatory hearing, and her stipulations reflect her assent to the determination that H.T. was abused … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

Split Montana SCT Affirms Denial of Indian Child Welfare Matter’s Transfer to Blackfeet Tribe

Here is the opinion and the various briefs in In the Matter of S.B.C.: Appellant Brief — Blackfeet Tribe Appellant Brief — Father Appellant Brief — Mother Appellee Brief — Response to Father Appellee Brief — Response to Tribe Appellee … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , | 2 Comments

Montana ICWA Case: Notice, Active Efforts and a Look at Adoptive Couple Citations

Here. A footnote in the case, The record does not clarify whether G.S. ever had custody of M.S. The record is silent regarding G.S.’s relationship with M.S. prior to his incarceration. We recognize that 25 U.S.C. 1912(d) does not apply … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , | 1 Comment

Opinion in Westmoreland v. Dept of Revenue: Taxes Paid to Crow Tribe on Coal Mine Not a State Tax Deduction

Opinion here. Applying § 15-35-102(11), MCA, to disallow a state tax deduction does not undermine the Tribe’s sovereign authority to tax or govern itself. The Legislature has simply chosen to limit the class of governments to which payment of taxes … Continue reading

Posted in Author: Kate E. Fort, taxation | Tagged , , , , | 2 Comments

Montana District Court Declines to Enjoin Transfer of Yellowstone Bison to Fort Peck

Here: Citizens for Balanced Use v Maurier District Court Order This matter is related to the Montana Supreme Court case, posts here and here.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , ,

Nez Perce to Propose Hunting Bison in Yellowstone

Here. Wonder if we’ll have some litigation. The Yellowstone bison herd has been the subject of suits in the Ninth Circuit and the Montana Supreme Court.

Posted in Author: Matthew L.M. Fletcher, News | Tagged , , ,

Montana SCT Decides ICWA Notice & Active Efforts Appeal

Here are the materials in In re J.S.: Appellant Brief State Brief Reply Brief Mont SCT Decision    

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , | 2 Comments

Federal Court Dismisses Pro Se Effort to Return “Peace Flag”

Here are the materials in Gopher v. Cascade County (D. Mont.): Complaint DCT Order Dismissing Complaint An excerpt: Ms. Gopher seeks the return of a 13-star peace flag bundle and its contents. She contends that Cascade County has exercised illegal … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , ,