North Dakota SCT Holds State Courts Have Jurisdiction over Trenton Indian Housing Authority Lands

Here are the materials in Trenton Indian Housing Authority v. Poitra:

An excerpt:

Lisa Poitra appeals from an order of eviction arguing that the district court lacked jurisdiction to enter the eviction order because the Trenton Indian Housing Authority (“TIHA”) constitutes a dependent Indian community, and a contract provision requires the eviction to be handled by the Turtle Mountain Band of Chippewa Indians Tribal Court. We conclude the record supports the district court’s finding that TIHA is not a dependent Indian community, the court’s determination it had subject matter jurisdiction, and the finding TIHA did not have a contractual obligation to bring the eviction action in the tribal court.

Lower court order here.

North Dakota SCT Confirms Tribal Immunity Cloaks Tribal Business

Here are the materials in State of North Dakota by and through Workforce Safety and Insurance v. Cherokee Services Corp.:

2021ND36 — Opinion

Appellant Brief

Appellee Brief


North Dakota SCT Affirms State Court Jurisdiction in Contract Breach Involving Tribal Member

Here are the materials in Fredericks v. McCormick Inc.:

2020ND161 Opinion

Fredericks Opening Brief

Fredericks Reply

McCormick Brief

McCormick Reply

And here are materials in a related case, Fredericks v. Vogel Law Firm:

2020ND171 Opinion

Appellant Brief

McCormick Inc Answer Brief

Vogel Law Firm Answer Brief


North Dakota SCT Affirms State Court Jurisdiction over Reservation Housing Eviction Matter

Here is the opinion in Gustafson v. Poitra: Opinion


Linus and Raymond Poitra appeal the district court judgment of eviction. The Poitras argue the district court erred by exercising jurisdiction over this matter, and by sending a North Dakota law enforcement officer onto the reservation to evict tribal members from property within the Turtle Mountain Reservation. We affirm.


Appellant Brief

Appellee Brief