13 results for 'cat:"Property" AND cat:"Native Americans"'.
Per curiam, the Ninth Circuit denies a petition for a rehearing en banc before the full court after the district court properly denied a preliminary injunction to a nonprofit challenging a land exchange that would allow copper mining to begin on land that Apache Native Americans consider sacred. The opinion, originally filed on March 1, 2024, has been amended and no further petitions will be entertained.Â
Court: 9th Circuit, Judge: Per curiam, Filed On: May 14, 2024, Case #: 21-15295, Categories: Civil Rights, property, native Americans
J. Dyk finds that the claims court improperly ruled against an Indian tribe in various claims concerning water rights and water related infrastructure because the Tucker Act sufficiently establishes the U.S.'s duty to properly manage existing water infrastructure. Reversed in part.
Court: Federal Circuit, Judge: Dyk, Filed On: April 25, 2024, Case #: 2021-1880, Categories: property, native Americans, Water
J. Kornmann dismisses a cattle rancher's second amended complaint with prejudice in a dispute over leasing various range units on the Pine Ridge Indian Reservation in South Dakota. The dispute resulted in impoundment and subsequent holding of the rancher's cattle in Nebraska by the Bureau of Indian Affairs. The rancher claimed that the impoundment caused an infection of Trichomoniasis to spread through his herd. The rancher offered no evidence that any action of the BIA resulted in the infection of his impounded cattle.
Court: USDC South Dakota, Judge: Kornmann, Filed On: December 8, 2023, Case #: 5:15cv5062, NOS: Torts to Land - Real Property, Categories: Agriculture, property, native Americans
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J. Sung finds that the district court improperly dismissed a matter for failure to state a claim in a Northwestern Band of the Shoshone Nation complaint against Idaho state officials concerning the interpretation of the 1868 Treaty of Fort Bridger between the United States and several bands of the Shoshone and Bannock Tribes. Under the treaty, the Shoshone and Bannock Tribes ceded most of their territory to the United States. At the same time, the Tribes expressly reserved their right to hunt on unoccupied lands of the United States. The 1868 Treaty does not make maintenance of the Tribes’ reserved hunting rights contingent on permanent residence. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: October 17, 2023, Case #: 22-35140, Categories: property, native Americans, Water
J. Robie holds that the trial court improperly dismissed a complaint for trespass and injunctive relief against an elected tribal chairperson after it found that state courts lack jurisdiction over intra-tribal leadership disputes. No tribal dispute existed to deprive the trial court of jurisdiction since neither party challenged the validity of the suspension of the elected chairperson or the authority of the tribal council to act on behalf of the tribe in passing the suspension resolution. The property subject to the trespass claim is not tribal land but is owned in fee simple, and the suspended chairperson failed to show that federal law bars state courts of jurisdiction over property disputes between tribal members over non-tribal land. Reversed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: July 12, 2023, Case #: C096097, Categories: property, native Americans, Jurisdiction
J. Colloton finds a lower court properly dismissed an energy company's motion to enjoin a preliminary injunction concerning its request to obtain right-of-way access onto Native American land for lack of jurisdiction. The energy company argued that the Bureau of Indian Affairs falsely promised to ban employees from smoking cigarettes on the work site and right-of-way land. However, the energy company failed to exhaust its remedies in tribal court before moving ahead in the federal arena. Reversed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 3, 2023, Case #: 22-202, Categories: property, native Americans, Injunction