Justia Native American Law Opinion Summaries

The Nation filed suit against defendants challenging the constitutionality of H.B. 2534, a law passed by the Arizona legislature that allows a city or town within populous counties to annex certain surrounding, unincorporated lands. The Nation alleges that H.B. 2534 was enacted to block the federal government from taking the 135 acres it purchased into trust on behalf of the Nation. The Nation planned to build a casino on Parcel 2 of the land. This process would render the land part of the Nation’s reservation pursuant to the Gila Bend Indian Reservation Lands Replacement Act, Pub. L. No. 99-503, 100 Stat. 1798. The court concluded that H.B. 2534 stands as a clear and manifest obstacle to the purpose of the Act because it was enacted after the Nation’s trust application was filed, and it uses that application itself to thwart the taking of purchased land into trust. Accordingly, the court held that H.B. 2534 is preempted by the Act. The legality of the Secretary’s taking of Parcel 2 into trust pursuant to the Act is affirmed, and the Nation is free to petition the Secretary to have the remainder of the land taken into trust, pursuant to the Act. View "Tohono O'odham Nation v. Arizona" on Justia Law

This appeal stemmed from a dispute between Pauma and the State over Tribal-State Gaming Compacts. Pauma filed suit against the State based on the court's prior decision in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. California (Colusa II). The district court granted summary judgment to Pauma on its misrepresentation claim. The court held that once a court’s judgment interpreting an ambiguous contract provision becomes final, that is and has always been the correct interpretation from its inception. Therefore, the court concluded that Colusa II's interpretation of the Compacts’ license pool provision applies retroactively, such that the State would be deemed to have misrepresented a material fact as to how many gaming licenses were available when negotiating with Pauma to amend its Compact; the district court awarded the proper remedy to Pauma by refunding $36.2 million in overpayments; and the State has waived its sovereign immunity under the Eleventh Amendment. The court agreed with the district court's finding that the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2710, is inapplicable in this case and therefore Pauma's argument that the State acted in bad faith is irrelevant. Accordingly, the court affirmed the judgment of the district court. View "Pauma Band of Luiseno Mission Indians v. California" on Justia Law