Federal Court Assumes Federal Jurisdiction over Effort by Nonmember to Claim Easement on Trust Land

Here are the materials so far in Carney v. State of Washington (W.D. Wash.):

1 Notice of Removal

1-2 Amended Complaint

10 Swinomish Motion to Dismiss

16 State Response to 10

21 Motion to Remand

23 Carney Response to 10

28 Swinomish Reply in Support of 10

32 State Response to 21

33 Swinomish Response to 21

34 Carney Reply in Support of 21

36 DCT Order Denying Motion to Remand

Ninth Circuit Rejects Upper Lake Pomo Citizens’ Play for Trust Land

Here is the unpublished opinion in Jackson v. United States.






Lower court materials here.

North Dakota State Court Declines Jurisdiction over Bank’s Foreclosure of Trust Land at Turtle Mountain

Here is the opinion in Turtle Mountain State Bank v. Delorme:

Rolette County District Court Order

Eighth Circuit Panel Amends Opinion in Yankton v. Podhrasky; En Banc Petitions Still Pending

Here are the materials:

Amended opinion–081441P

CA8 Order Granting Rehearing [explains the amendments to the earlier opinion]

South Dakota Petition for En Banc Review

Charles Mix County Petition for En Banc Review

Federal Response to En Banc Petitions

Yankton Opposition to En Banc Review

Rosebud Sioux Opposition to En Banc Petition

Earlier opinion and briefs are here.

Wisconsin SCT Reviews Ho-Chunk Nation Tax Case

The lower court opinion in Ho-Chunk Nation v. Wisc. Dept. of Revenue is here. Oral argument was last month.

Here are the questions presented:

Is the petitioner entitled to a refund of cigarette tax revenue for the sale of cigarettes on DeJope property pursuant to Wis. Stat. §§ 139.31 and 139.323 (3)?

What is the reasonable interpretation of Wis. Stat. § 139.323 (3)’s “designated . . .trust land” within the context of the sale of cigarettes on the DeJope property?

American General Finance v. Kent — Attempted Foreclosure of Trust Land

Still cannot foreclose on Indian trust land, according to the Western District of Oklahoma. Nor can banks use the doctrine of equitable subrogation to get at trust land.





Wisconsin Court of Appeals on Trust Land and Tax Question

The case is Ho-Chunk Nation v. Wisconsin Dept. of Revenue (wisconsin-coa-opinion). An excerpt from the opinion:

This appeal concerns the Ho-Chunk Nation’s claim for a refund of cigarette taxes under Wis. Stat. § 139.323 (2005-06) in respect to sales on the DeJope property. The Tax Appeals Commission denied the claim because it concluded the DeJope property was not “designated … trust land on or before January 1, 1983” as required by the statute. See § 139.323(3). The circuit court affirmed and the Ho-Chunk Nation appeals.

We agree with the commission and the circuit court that the statutory phrase means that the United States government must hold the land in trust on or before January 1, 1983. We conclude that the United States government does not hold the land in trust until formal acceptance under 25 C.F.R. § 151.14 (2007) occurs. Because this did not occur with respect to the DeJope property until after January 1, 1983, the Ho-Chunk-Nation is not entitled to a refund. Accordingly, we affirm on this issue.

Grand Traverse Band Trust Land Acquisition

From the Leelanau Enterprise (H/T Indianz):

132 acres ‘in trust’ for GTB

The Bureau of Indian Affairs (BIA) has finally processed the paperwork required to place 14 parcels totaling 132 acres of land “in trust” for the Grand Traverse Band of Ottawa and Chippewa Indians.

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