Miccosukee Tribe Loses Non-Intercourse Act Claim in State Eminent Domain Case

Here is the opinion in Miccosukee Tribe of Florida v. Dept. of Environmental Protection (Fla. App.).

Here is an excerpt:

The Miccosukee Tribe of Indians of Florida petitions for a writ of certiorari to quash the trial court’s order that denied its motion for final summary judgment in an eminent domain proceeding based on the Tribe’s alleged sovereign immunity and/or the provisions of the Federal Nonintercourse Act, 25 U.S.C. § 177. In response, the Department of Environmental Protection contends that the three parcels of land at issue, which the Tribe purchased on the open market, are not protected by either the Tribe’s sovereignty or the Nonintercourse Act. Because the Tribe has not shown that the trial court’s ruling departs from the essential requirements of the law, we deny the petition.

Federal Court Dismisses Employment/Whistleblower Claim against United Auburn Indian Community

Here are the materials in Garcia v. United Auburn Indian Community (E.D. Cal.):

Garcia Complaint

Magistrate Order

Federal Court Dismisses Contract/Lease Action against Seminole Tribe

Here are the materials in Everglades Ecolodge at Big Cypress v. Seminole Tribe of Florida (S.D. Fla.):

Seminole Tribe Motion to Dismiss

Ecolodge Remand Motion

DCT Order Granting Seminole Tribe Motion

Texas Appellate Court Affirms Alabama-Coushatta Immunity in Mining Boundaries Dispute

Here is the opinion in Conley v. Comstock Oil & Gas (Rax. App. Beaumont):

Conley v Comstock Oil and Gas

Contract Claim against La Jolla Band Dismissed by Federal Court

Here:

DCT Order Dismissing Gold River Complaint

La Jolla Band Motion to Dismiss

Gold River Response

La Jolla Band Reply

Tulalip Housing Construction Contract Dispute Remanded Back to State Court; Federal Court Awards Atty. Fees

Here are the materials in Lewis v. Raymond James Native American Housing Opportunities Fund II LLC (W.D. Wash.):

Fund Notice of Removal

Lewis Motion to Remand

Fund Opposition to Remand Motion

Lewis Reply

Fund Motion to Dismiss

Lewis Opposition to Motion to Dismiss

Fund Reply

DCT Order Remanding Lewis Complaint to State Court

Bay Mills Indian Community, Council Members, and Gaming Commission Motions to Dismiss Amended State/LTBB Complaints

Here are those materials:

BMIC Motion to Dismiss

BMIC Council Motion to Dismiss

BMIC Gaming Commission Motion to Dismiss

BMIC Motion to Dismiss LTBB Amended Complaint

Here is the State’s amended complaint.

Meanwhile, a Sixth Circuit panel is currently considering BMIC’s motion to strike its opponents briefs:

Referral of Motion to Strike

Alaska Supreme Court Affirms Sovereign Immunity of Alaskan Native Village

Here is the opinion.

Omaha Tribe v. StoreVisions Cert Opposition Brief

StoreVisions Cert Opp

California Appellate Court Decides Tribal Immunity Case: Yavapai-Apache Nation v. Iipay Nation

Here is the opinion.

An excerpt:

Based on the parties’ course of dealing throughout the loan agreement transactions, in which Nation expressly and irrevocably waived tribal sovereign immunity and allowed court resolution of disputes in those courts having subject matter jurisdiction of any loan agreement problems, we conclude the trial court erred in granting the motion to quash. In any reading of the complaint, together with its exhibits and other submitted documents, Nation cannot properly invoke sovereign immunity to avoid the fourth amendment terms that allow California jurisdiction to be exercised. Nation already irrevocably waived such immunity in the earlier versions of the loan agreement, which the fourth amendment expressly ratified and affirmed, and Nation did not retract its actions. Regardless of any related loan guaranty litigation elsewhere, this record discloses that the amended loan agreement terms permit this action to proceed in California, and we reverse the order that quashed service of summons.