Justia Native American Law Opinion SummariesArticles Posted in Oklahoma Supreme Court
Video Gaming Technologies v. Rogers County Bd. of Tax Roll Corrections
Video Gaming Technologies, Inc. ("VGT") contended the district court improperly granted summary judgment to the Rogers County Board of Tax Roll Collections ("Board"), the Rogers County Treasurer, and the Rogers County Assessor. VGT is a non-Indian Tennessee corporation authorized to do business in Oklahoma. VGT owns and leases electronic gaming equipment to Cherokee Nation Entertainment, LLC (CNE), a business entity of Nation. Nation was a federally-recognized Indian tribe headquartered in Tahlequah, Oklahoma. CNE owned and operated ten gaming facilities on behalf of Nation. The questions presented to the Oklahoma Supreme Court was whether the district court properly denied VGT's motion for summary judgment and properly granted County's counter-motion for summary judgment. VGT argued that taxation of its gaming equipment was preempted by the Indian Gaming Regulatory Act (IGRA) because the property was located on tribal trust land under a lease to Nation for use in its gaming operations. The County argued that ad valorem taxation was justified to ensure integrity and uniform application of tax law. Due to the comprehensive nature of IGRA's regulations on gaming, the federal policies which would be threatened, and County's failure to justify the tax other than as a generalized interest in raising revenue, the Oklahoma Supreme Court found that ad valorem taxation of gaming equipment here was preempted, and reversed the order of summary judgment, and remanded for the district court to enter an appropriate order of summary judgment for VGT. View "Video Gaming Technologies v. Rogers County Bd. of Tax Roll Corrections" on Justia Law
Mustang Run Wind Project, LLC v. Osage City Bd of Adjustment
Mustang Run Wind Project, LLC, (Mustang) filed an application with the Osage County Board of Adjustment for a conditional use permit involving approximately 9,500 acres of land. Mustang proposed to use the land for placing sixty-eight wind turbines on less than 150 acres and generating electricity. Public meetings on the proposed wind energy facility were held in April and May 2014. The proposed facility was close to another "wind farm" which had obtained a permit three years previously. Mustang's application included land zoned for agricultural use and was then being used for agriculture and ranching. The County Board of Adjustment denied the application. A trial de novo was held and the trial court ordered the County Board of Adjustment to issue a conditional use permit. The Osage County Board of Adjustment and the Osage Nation appealed to the Oklahoma Supreme Court. After review, the Supreme Court held that the Osage County Board of Adjustment possessed authority to grant conditional use permits, but the trial judge's findings were not against the clear weight of the evidence. Accordingly, the Court affirmed the trial court's judgment requiring the Board of Adjustment to issue a conditional use permit with any additional reasonable conditions. View "Mustang Run Wind Project, LLC v. Osage City Bd of Adjustment" on Justia Law
In the Matter of M.H.C.
M.H.C. (child) was born in September of 2013. The Oklahoma Department of Human Services (DHS) placed the child in protective custody on November 5, 2013. In the initial petition filed on November 18, 2013, the State declared the provisions of the Indian Child Welfare Act (ICWA) were applicable. On November 21, 2013, the Cherokee Nation appeared at the initial appearance, and the natural mother informed the court that she had a Certificate of Degree of Indian Blood but was not currently a tribal member. Thereafter, the Cherokee Nation received official notice from the State that it planned to adjudicate the child as deprived. The Cherokee Nation sent DHS a response notifying DHS that the child was eligible for enrollment in the tribe and enclosing a tribal-enrollment application for DHS to complete. After the Cherokee Nation's initial attempt to have DHS complete the enrollment application, the Cherokee Nation sent DHS three additional enrollment applications. The district court ruled the ICWA inapplicable because the mother was not a registered tribal member, the child was not a member either. The natural mother was also told if ICWA applied, the child would likely have to leave foster mother's care because foster mother was a non-ICWA compliant placement. No party informed the natural mother of ICWA's benefits and protections. The natural mother declined to enroll at the time. The district court subsequently found the State broke confidentiality by allowing the Cherokee Nation to attend a family team meeting in a non-ICWA case. The district court granted the Cherokee Nation's motion to transfer the case to tribal court, finding the State failed to provide clear-and-convincing evidence of good cause to deny the transfer. The State and foster mother (together Appellants) appealed. The Oklahoma Supreme Court retained the appeal for disposition. Neither DHS, nor the natural mother, nor the child through her attorney objected to the transfer to tribal court jurisdiction. Only the State and the foster mother objected. After review, the Supreme Court found that the district court did not err in finding ICWA applicable upon the natural mother's enrollment in the Cherokee Nation. ICWA applied to the proceedings prospectively from the date the record supports its application. Appellants failed to present clear-and-convincing evidence of "good cause" for the case to remain with the district court. Because the district court did not err in granting the motion to transfer to tribal court, the Court affirmed the order granting the motion to transfer. View "In the Matter of M.H.C." on Justia Law