Federal Court Rejects Equitable Defenses in Agua Caliente Water Case

Download Minute Order Granting Plaintiffs Motions for Partial Summary Judgment here.

Previous documents posted here.

Federal Court Allows Agua Caliente Possessory Tax Challenge to Proceed

Here is the opinion in Agua Caliente Band of Cahuilla Indians v. Riverside County (C.D. Cal.):

DCT Order

Briefs here.

National Intertribal Tax Alliance Amicus Materials in Agua Caliente v. Riverside County (Part 162 Leasing Regs)

From NITA:

Agua Caliente Band of Cahuilla Indians v. Riverside County, et al, 5:14-cv-00007-DMG-DBT (United States District Court, Central District of California).  The Aqua Caliente Tribe filed this civil action against Riverside County to stop the collection of taxes on Indian land leaseholders.  The Desert Water Agency intervened in this action.  Riverside County collects possessory interest taxes from Indian land leaseholders and then redistributes much of the money to cities, schools and other local governments.  The Tribe has long viewed as this tax as illegal and views these possessory interest taxes as an unlawful infringement on Tribal sovereignty rights.  The action was filed January 2, 2014 and is set for trial on June 16, 2015.

Here are the materials in Agua Caliente Band of Cahuilla Indians v. Riverside County (C.D. Cal.):

NITA_Request_to_File_Amicus_and_Brief

Opposition_to_File_Amicus_Desert_Water

Opposition_to_File_Amicus_Riverside_County

We posted previously on this case here and here.

Updated Materials in Agua Caliente Tax Matter — Updated 9/10/14

Here are the new materials in Agua Caliente Band of Cahuilla Indians v. Riverside County (C.D. Cal.):

42-1 Defendants’ Motion for Judgment on the Pleadings

43 Agua Caliente Response

45 Defendants’ Reply

Prior materials here.

Update w/ additional materials:

34 order granting DWA intervention

46 order for supp. MJP briefing

Dyer v. BIA — Tribal Sovereign Immunity Case

In this case, decided by the District of Nevada, involved a leasing decision by the Fort McDermitt Paiute and Shoshone Tribe. The plaintiff, a tribal member who had lost his lease to land from the tribe, sued the Bureau of Indian Affairs and the tribe. The case was dismissed at the motion of the tribe, which had not waived immunity.

dyer-v-bia-dct-order