Western District of Washington

Thurston County Attempt to Widen Chehalis Tribes’ Great Wolf Lodge Tax Dispute Fails

Matthew L.M. Fletcher

Here are the new materials in Confederated Tribes of the Chehalis Reservation v. Thurston County Board of Equalization (W.D. Wash.):

210 County Motion for Declaratory Judgment

217 Chehalis Response

218 DCT Order Denying County Motion

An excerpt:

On November 21, 2013, Defendants filed a motion for declaratory judgment requesting that the Court “enter a declaratory judgment that the property taxes on the non-permanent, removable business personal property are not preempted as a matter of law . . . .” Dkt. 210 at 8–9. On December 9, 2013, Plaintiff opposed the motion on the grounds that it is procedurally improper and seeks relief outside of the pleadings. Dkt. 217 at 4–8. The Court agrees with Plaintiff on both points because (1) the amended complaint for declaratory judgment seeks relief for improvements that are not removable (Dkt. 46, ¶ 19) and (2) “a party may not make a motion for declaratory relief, but rather, the party must bring an action for a declaratory judgment.”

Lummi Tribe Prevails in Indian Child Welfare Matter involving Tribal Court Jurisdiction

Matthew L.M. Fletcher3 Comments

Here are the materials in Jones v. Lummi Tribal Court (W.D. Wash.):

48 Jones Motion

55 Lummi Response

57 Jones Reply

60 DCT Opinion and Order

61 DCT Order Dismssing Complaint

Prior orders in this case are here and here.

State of Washington’s Opening Brief in Ninth Circuit Appeal of Culverts Decision

Matthew L.M. Fletcher1 Comment

Here:

State’s Opening Brief

Update: Oregon Amicus

Lower court materials are here.

Judge Martinez Grants Makah Motion for Summary Judgment in U&A Dispute with Quinault and Quileute

Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Washington subproceeding 09-1 (W.D. Wash.):

DCT Order

Makah Motion for Partial Summary J

Quileute Response

Quinault Response

Makah Reply

Federal Court Denies Motion for TRO to Enjoin Nooksack Disenrollment Election

Matthew L.M. Fletcher4 Comments

Here are the materials in St. Germain v. Dept. of Interior (W.D. Wash.):

3-Amended Complaint

4-Motion for TRO and Proposed Order

23 Defendant’s Opposition to Plaintiffs’ Application for a TRO

24 Reply re Motion for TRO

25 Order denying TRO

SCT Denied Cert in Miller v. Wright — Challenge to Puyallup Tax Agreement

Matthew L.M. Fletcher

On Monday, the Supreme Court denied Miller v. Wright, a challenge to the Puyallup-Washington tax agreement. Order list here.

Lower court materials here.

Additional Tribal Court Materials in Nooksack Tribal Disenrollment Case — Second Emergency Motion for TRO

Matthew L.M. Fletcher1 Comment

Here are the new materials in Lomeli v. Kelly (Nooksack Tribal Ct.):

Second Emergency Motion for Temporary Restraining Order

Defendants’ Response in Opposition to Second Emer Motion for TRO

Reply in Support of Second Emergency Motion for TRO

Tribal Court Order Denying Second TRO Motion re Election

Tribal Court Order Denying Second TRO Re General Special Meetings

Prior posts here, here, here, and here.

Update in Nooksack Membership Dispute

Matthew L.M. Fletcher2 Comments

News coverage here. Previous post on the recent tribal court litigation. And an update on tribal court filings:

Second Declaration of Gabriel S. Galanda

And a federal complaint alleging FOIA violations by the Bureau of Indian Affairs — St. Germain v. Dept. of Interior (W.D. Wash.):

St Germain v Interior Complaint

 

Miller v Wright Cert Opposition Brief

Matthew L.M. Fletcher

Here:

Miller v Wright Cert Opp

The petition is here. No chance for a grant. I wouldn’t have even filed an opposition….

Update in Federal Trespass Action at Makah (U.S. v. Ray)

Matthew L.M. Fletcher

The federal court, after ordering the United States DOJ to exhaust tribal court remedies (an order that apparently made the government’s attorneys ornery), granting partial summary judgment to the government.

Here are the new materials in United States v. Ray (W.D. Wash.):

DCT Order Granting Partial Summary J

US Motion for Partial Summary J

US Motion to Lift Stay

And the Makah tribal court materials:

Makah Tribal Court Order

US Petition for Determination of Makah Tribal Law

The post on the federal court’s requirement that the government seek a tribal court determination of tribal law is here.

The underlying complaint is here.