Western District of Washington – Page 16 – Turtle Talk

Nooksack Tribe Sues Interior for Refusing to Recognize Tribal Council, Fund Contracts

February 14, 2017Sarah M Donnelly1 Comment

Download(PDF): Complaint for Injunction, Writ of Mandamus, Declaratory Judgment, and Other Relief

Swinomish Partially Prevails in Dispute with BNSF

January 17, 2017Matthew L.M. Fletcher

Here are the materials in Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

58-swinomish-motion-for-summary-j

63-bnsf-cross-motion

65-swinomish-response

An excerpt:

For all of the foregoing reasons, the cross-motions for summary judgment (Dkt. # 58 and Dkt. # 63) are GRANTED in part and DENIED in part. The Tribe is entitled to a declaration that BNSF breached the terms of the Easement Agreement by failing to make annual disclosures regarding the cargo it was carrying across the reservation and by increasing the number of trains and cars traversing the reservation without first seeking to obtain the Tribe’s written assent. The state law claims for damages, compelled disclosures, and an adjustment in rent are not preempted by the ICCTA. To the extent the Tribe seeks an injunction limiting the type of cargo or the number of trains or cars crossing the reservation — whether under a breach of contract, trespass, or estoppel theory — those remedies are unavailable in this jurisdiction. The Tribe may seek a declaration of its contractual rights from the STB and/or it may initiate the right of way cancellation procedures provided under in the IRWA and its implementing regulations.

Federal Court Denies State and Tribal Motions for Summary Judgment in Quil Ceda Tax Disputes

January 6, 2017Matthew L.M. Fletcher

Here is the order in Tulalip Tribes v. State of Washington (W.D. Wash.):

Briefs are here.

Briefs in Tulalip Tribes Quil Ceda Village Taxation Suit

November 8, 2016November 8, 2016Matthew L.M. Fletcher1 Comment

Here are the materials in the case now captioned Tulalip Tribes v. State of Washington (W.D. Wash.):

72-washington-motion-for-summary-j

74-tulalip-motion-for-partial-summary-j-govt-services-outside-boundaries

77-us-motion-re-govt-services

79-washington-response-re-74

82-us-response-to-72

84-tulalip-response-to-72

115-tulalip-reply-in-support-of-74

117-washington-reply-in-support-of-72

121-us-reply-re-77

Complaints etc. here.

Federal Court Orders Tribe to Engage in Discovery over Immunity Waiver

September 20, 2016September 20, 2016Matthew L.M. Fletcher

Here are the materials in Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.):

9-tribe-motion-for-summary-j

22-dct-order-denying-9

Federal Court Dismisses Comenout Suit

September 19, 2016September 19, 2016Matthew L.M. Fletcher

Here are the materials in Comenout v. Pierce County Superior Court (W.D. Wash.):

11-motion-to-dismiss

Frank’s Landing Class II Gaming Suit Dismissed as to the NIGC; Other Defendants Remain

August 17, 2016August 18, 2016Matthew L.M. Fletcher

Here are the materials in Franks Landing Indian Community v. National Indian Gaming Commission (W.D. Wash.):

19 Motion to Dismiss

Skokomish Sues Suquamish Tribal Council Members over Treaty Fishing

July 25, 2016Matthew L.M. Fletcher

Here is the complaint in Skokomish Indian Tribe v. Forsman (W.D. Wash.):

W.D. Washington Grants Summary Judgment to Squaxin Island

June 17, 2016Sarah M Donnelly1 Comment

Download orders and documents in the matter of USA, et al v. State of Washington, et al:

Doc. 21234 – Squaxin Island Tribe’s Motion for Summary Judgment

Doc. 21235 – Nisqually Indian Tribe’s Cross-Motion for Summary Judgment

Doc. 21324 – Order Denying Nisqually’s Motion For Summary Judgment And Granting Squaxin’s Motion For Summary Judgment

Federal Court Dismisses (with leave to amend) Snoqualmie Civil Rights Claim against City

May 18, 2016Matthew L.M. Fletcher

Here are the materials in Snoqualmie Indian Tribe v. City of Snoqualmie (W.D. Wash.):

22 Motion to Dismiss