Articles Posted in Arizona Supreme Court

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The Supreme Court affirmed the trial court’s judgment in favor of Arizona Snowbowl Resort Limited Partnership (Snowbowl) and the City of Flagstaff on the public nuisance claim brought by the Hopi Tribe, holding that environmental damage to public land with religious, cultural or emotional significance to the plaintiff is not special injury for purposes of the public nuisance doctrine. The Tribe brought a claim of public nuisance based on Snowbowl's use of reclaimed wastewater for snowmaking on Northern Arizona’s San Francisco Peaks. At issue was whether the Hopi sufficiently alleged a “special injury” for an actionable public nuisance claim. The Tribe alleged that it would suffer special injury by the interference with the Tribe’s cultural use of the public wilderness for religious and ceremonial purposes. The trial court ruled that the Tribe failed to satisfy the special injury requirement on the basis of religious or cultural practices. The Supreme Court agreed, holding that while the Tribe sufficiently alleged that the use of reclaimed wastewater on the San Francisco Peaks constituted a public nuisance the Tribe failed to articulate any harm beyond that suffered by the general public. View "Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership" on Justia Law

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25 U.S.C. 1911(b) of the Indian Child Welfare Act (ICWA) addresses transfer only of foster care replacement and termination-of-parental-rights actions and does not apply to state preadoptive and adoptive placements. The Department of Child Safety moved to terminate the parental rights of the parents of A.D., a member of the Gila River Indian Community. After the juvenile court terminated the rights of A.D.’s parents the foster parents intervened and filed a petition to adopt A.D. The Community moved to transfer the proceedings to its tribal court under section 1911(b). The juvenile court denied the motion, finding that the foster parents had met their burden of showing that good cause existed under section 1911(b) to deny the motion. The Supreme Court affirmed the juvenile court’s denial of the Community’s motion to transfer, holding that ICWA does not govern the transfer of preadoptive and adoptive placement actions, but state courts may nonetheless transfer such cases involving Indian children to tribal courts. View "Gila River Indian Community v. Department of Child Safety" on Justia Law