Rule 19 – Page 10 – Turtle Talk

Appellants Ramona Two Shields and Mary Louise Defender Wilson are Indians with interests in land allotted to them by the United States under the Dawes Act of 1887. Such land is held in trust by the government, but may be leased by allottees. Two Shields and Defender Wilson leased oil and gas mining rights on their allotments to appellee companies and affiliated individuals who won a sealed bid auction conducted by the Board of Indian Affairs (BIA) in 2007. Subsequent to the auction, appellants agreed to terms with the winning bidders, the BIA approved the leases, and appellees sold them for a large profit. Appellants later filed this putative class action in the District of North Dakota, claiming that the United States had breached its fiduciary duty by approving the leases for the oil and gas mining rights, and that the defendant bidders aided, abetted, and induced the United States to breach that duty. The district court concluded that the United States was a required party which could not be joined, but without which the action could not proceed in equity and good conscience, and dismissed the case. Appellants challenge that dismissal. For the reasons stated below, we affirm.

Briefs here.

Federal Court Imposes $200K Appeal Bond on Wolfchild Appeal

June 10, 2015June 10, 2015Matthew L.M. Fletcher3 Comments

Here are the relevant materials in Wolfchild v. Redwood County (D. Minn.):

208 Lower Sioux Community Motion for Rule 11 Sanctions

291 DCT Order

Materials on the court’s dismissal of the claim are here.

Federal Court Dismisses Town of Browning v. Sharp, States Town Has Tribal Court Remedy

June 5, 2015Matthew L.M. Fletcher

Here are the materials in Town of Browning v. Sharp (D. Mont.):

71 Sharp 12b1 Motion to Dismiss

73 Sharp 12b6 Motion to Dismiss

75 Sharp 12b7 Motion to Dismiss

95 Town Response to 71

96 Town Response to 73

97 Town Response to 75

115 Sharp Reply in Support of 75

156 Magistrate Recommendation

162 DCT Order

An excerpt:

No adequate alternative forum exists to address the Town of Browning’s ex Parte Young action. The Blackfeet Tribal Court appears to represent an adequate alternative forum, however, to address the ongoing dispute between the Blackfeet Tribe and the Town of Browning. Indeed, in the Blackfeet Tribal Court, the Town of Browning can litigate against the Blackfeet Tribe directly rather than through an ex Parte Young action. Further, the Town of Browning appears to have moderated its position regarding the relief that it seeks. (Doc. 159). The Town of Browning appears to seek some reasonable compensation from the Blackfeet Tribe for use of the Town of Browning’s water main to deliver water to utility customers. The Town of Browning can seek and obtain this relief as a counterclaim in the breach of contract claim currently pending in the Blackfeet Tribal Court. Although the Town of Browning has challenged the Blackfeet Tribal Court’s jurisdiction over it on the grounds of sovereign immunity, the existence of a contract between the parties appears to confer jurisdiction on the Blackfeet Tribal Court. Montana v. United States, 450 U.S. 544, 565 (1981). An alternative forum exists for the Town of Browning to obtain the relief it seeks.

After weighing the factors listed in Rule 19(b), this Court has determined that this case should not proceed in the absence of the Blackfeet Tribe, a required party. The potential prejudice to the Blackfeet Tribe far outweighs the harm to the Town of Browning. The Blackfeet Tribal Court represents an alternative forum for the Town of Browning to address its underlying dispute with the Blackfeet Tribe.

Materials on the preliminary injunction stage of this litigation are here.

Mesa Grande Band Land Claim against US Survives Motion to Dismiss

May 21, 2015Matthew L.M. Fletcher

Here are the materials in Mesa Grande Band of Mission Indians v. United States (Fed. Cl.):

7 US Motion to Dismiss

10 Mesa Grande Band Response

11 US Reply

19 DCT Order

An excerpt:

This case concerns property located in the mountains of northeastern San Diego County, California, and turns on events dating back to 1875. The property at issue is an 80-acre tract (the “1926 Tract”) that has had a small spring providing a source of water in an arid area. See Pl.’s Mem. in Opp’n to the United States’ Mot. to Dismiss for Lack of Jurisdiction (“Pl.’s Opp’n”) at 1, ECF No. 10. Tracing title back to a congressional enactment in 1926, the Act of May 10, 1926, Pub. L. No. 69-209, 44 Stat. 496 (1926) (“1926 Act”), plaintiff, the Mesa Grande Band of Mission Indians (“Mesa Grande Band”), claims entitlement to ownership of the subject property. On July 30, 1980, however, a patent for the 1926 Tract was issued by the Department of the Interior to the United States in trust for the Santa Ysabel Band of Mission Indians (“Santa Ysabel Band”), a neighboring band. The Mesa Grande Band did not contemporaneously receive notice of the patent’s issuance.