…but still holds that a signed tribal waiver can be authorized by the presence of 5 of 7 tribal council members (instead of an affirmative vote in a regular meeting required by the tribal constitution).
Here is the order:
Storevisions Modified Opinion.
Here are the materials:
Here is the Nebraska Supreme Court’s opinion.
And the materials we have so far:
2011-04-04 Omaha Tribe Motion for Rehearing
Storevisions Response to Motion for Rehearing.
2011-04-25 Amici Curiae Brief inSupport of Def-appellant Omaha
Here is today’s opinion in StoreVisions v. Omaha Tribe (as first reported in Indianz).
An excerpt:
As noted, this separate waiver was signed in the presence offive of the seven members of the tribal council and lends even more weight to an appearance that the signatories to the document—the chairman and vice chairman—were vested with theauthority to waive the tribe’s sovereign immunity.
The court refused to take judicial notice of tribal laws for some reason, and gave great weight to the mere presence of tribal council members in finding a waiver. Fairly remarkable decision.
Turtle Talk 