Here is today’s order list.
Cert petition was here.
Supreme Court Denies Grand Canyon Skywalk Development Cert Petition
Here is today’s order list.
Cert petition was here.
Water Wheel Camp v. Larance
Grand Canyon Resort Corp. Cert Opposition in Skywalk Case
Grand Canyon Skywalk Development Cert Petition
Here is the cert petition in the case now captioned Grand Canyon Skywalk Development LLC v. Grand Canyon Resort Development Corporation:
Petition For A Writ Of Certiorari
Questions presented:
1. Does Montana v. United States, 450 U.S. 544 (1981) apply on tribal land, as this Court suggested in Nevada v. Hicks, 533 U.S. 353, 358 (2001), or does this Court acquiesce in the Ninth Circuit’s contrary decision in Water Wheel Camp Recreation Area v. LaRance, 642 F.3d 802 (9th Cir. 2011)?
2. Does a non-tribal member consent to tribal jurisdiction under Montana even when that “consent” comes in the form of a contract with a tribal corporation which expressly provides that disputes will be resolved through binding arbitration, not in tribal court, and where the tribal enterprise has expressly waived its sovereign immunity to permit arbitration?
3. Are intangible contract rights of a Nevada corporation located on federal land held in trust for the Tribe and thus subject to the Tribe’s eminent domain powers because they relate to activities on tribal land?
4. Does the bad-faith exception to National Farmers exhaustion require a showing that the tribal court acted in bad faith, or is it sufficient to demonstrate that the Tribe’s governing council (Tribal Council) did so and that the Tribe’s judiciary lacked judicial independence?
Lower court materials here.
Ninth Circuit Roundly Affirms Tribal Court Jurisdiction in Water Wheel Case
Water Wheel v. LaRance Ninth Circuit Oral Argument Audio
Here.
Water Wheel Tribal Court Jurisdiction Case Update
The Ninth Circuit denied Water Wheel’s motion to enjoin its eviction from tribal lands. Here are those materials:
CA9 Order on Emergency Injunction
And the briefing is complete. Here are the merits briefs (amicus briefs here):
Order in Water Wheel v. LaRance Finding Tribal Court Jurisdiction over Non-Indian Business
Here is the order — Order – WW v. LaRance – D.Ariz.
Previous materials are here.
An excerpt:
Plaintiffs Water Wheel Camp Recreational Area, Inc. and Robert Johnson have been sued for eviction in an action pending in the Tribal Court of the Colorado River Indian Tribes (“CRIT”). Plaintiffs ask this Court to prevent Defendants – a judge and clerk of the Tribal Court – from proceeding with the Tribal Court action. Plaintiffs argue that the Tribal Court lacks subject matter jurisdiction under Montana v. United States, 450 U.S. 544 (1981).
After hearings on two requests for temporary restraining orders, extensive litigation
in the Tribal Court and Tribal Court of Appeals, and considerable briefing and oral argument, the Court concludes that the Tribal Court properly exercised jurisdiction over Water Wheel, but not over Robert Johnson. The Court will grant Plaintiffs’ request for declaratory relief with respect to Mr. Johnson and deny it with respect to Water Wheel.
Tribal Court Exhaustion Case Involving the Colorado River Indian Tribe
The case is Water Wheel Camp v. Larance, out of the federal district court for the District of Arizona. The DCT denied a motion for a TRO from the non-Indian-owned complainant, who wanted to avoid continuing tribal court litigation over an attempt by CRIT to evict them.
Water Wheel Complaint [Includes two tribal court opinions as exhibits]
Motion for TRO [plus exhibits]
Tribal appellate court decision:
Turtle Talk 