indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Court stops lawsuit over Fond du Lac Band land-into-trust bid

Filed Under: Law | Trust
More on: bia, fond du lac, immunity, land-into-trust, minnesota
     

The Fond du Lac Band of Lake Superior Chippewa Indians can't be sued in state court for filing a land-into-trust application, the Minnesota Supreme Court ruled on Wednesday.

The tribe submitted an application to the Bureau of Indian Affairs to place the one-acre site that houses the historic Carter Hotel in trust. The city of Duluth went to state court and claimed a 1994 agreement requires its approval for any trust acquisitions.

The Minnesota Supreme Court, however, said the agreement did not waive the tribe's sovereign immunity in state court. So the state courts lack jurisdiction to resolve the dispute.

"The band is immune to suit in state court, unless it waives its sovereign immunity," Justice Alan C. Page wrote in the unanimous decision. "The band did not waive its immunity to suit in state court in the 1994 agreements, which modify the 1986 agreements."

The tribe did waive its immunity in federal court so the city could pursue a lawsuit there. However, the federal courts have been favorable to the tribe in interpreting the 1994 agreement as part of another lawsuit over gaming revenues.

Get the Story:
Duluth and Fond du Lac Tribe dispute decided by the Federal Courts (Northland's News Center 3/12)
MN Supreme Court Issues Ruling Concerning Carter Hotel Dispute (KDAL 3/12)

Minnesota Supreme Court Decision:
City of Duluth v. Fond du Lac Band of Lake Superior Chippewa (March 12, 2014)

Related Stories:
Court revives suit over Fond du Lac Band's land-into-trust bid (4/16)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Parents of Lakota 57 respond to not guilty verdict in Rapid City (9/2)
Grand Ronde Tribes to disenroll 86 descendants of treaty signer (9/2)
Lakota Country Times: New food bank on Pine Ridge Reservation (9/2)
Mark Trahant: FCC invents new law for tribal lands in Oklahoma (9/2)
Native Sun News Editorial: Republican attacks on Hillary Clinton (9/2)
Vi Waln: Rosebud Sioux Tribe needs to establish 'virtual' school (9/2)
Steven Newcomb: The religious basis of Doctrine of Discovery (9/2)
Frank Bibeau: Ojibwe people assert treaty rights in Minnesota (9/2)
Carly McIntosh: Feeling love from elders at naming ceremony (9/2)
Winnebago Tribe reports results of primary election for council (9/2)
President Obama set for visit to Native communities in Alaska (9/2)
Alaska Native students being left behind in their own backyard (9/2)
Opinion: Alaska will lose appeal in BIA land-into-trust lawsuit (9/2)
Native children being removed at alarming rates in Manitoba (9/2)
Crow Tribe opens apartment complex for homeless veterans (9/2)
Mississippi Choctaw leader faces challenge in election drama (9/2)
Mohegan Tribe elects incumbents and newcomer for council (9/2)
Donald Trump wanted a casino with Seminole Tribe in Florida (9/2)
New Mexico tribes proposed casino in downtown Albuquerque (9/2)
Construction worker dies at site of Jamul Indian Village casino (9/2)
Lakota Country Times: Not guilty verdict after Lakota 57 trial (9/1)
President Obama meets Native leaders after landing in Alaska (9/1)
Rhonda Pitka: Alaska Natives put priority on subsistence rights (9/1)
Transcript: Obama remarks following Native leaders roundtable (9/1)
94-year-old Alaska Native elder greets Obama with Denali song (9/1)
Politicians in Ohio oppose return of Alaska Native name for peak (9/1)
Passamaquoddy Tribe takes a step toward marijuana cultivation (9/1)
Center for Native American Youth seeks new executive director (9/1)
Supreme Court takes up petition in Kialegee Tribal Town dispute (9/1)
NCAI pushes for court rehearing in tribal labor sovereignty case (9/1)
Education Department awards $50.4M in grants to tribal colleges (9/1)
Native Sun News: Teens attacked on Rosebud Sioux Reservation (9/1)
Clara Caufield: Cheyenne brothers and sisters share language (9/1)
Terese Marie Mailhot: Shutting down a new generation of hate (9/1)
Jennifer Fielder: Tribes struggling to break free from bondage (9/1)
Brian Pierson: Big decision in Seminole Tribe's taxation case (9/1)
Navajo Nation hires firm to pursue Gold King Mine spill lawsuit (9/1)
Young tribal members cited for wild rice harvest in Minnesota (9/1)
Lake named for war secretary who pushed for removal of tribes (9/1)
Tribal college students participate in NASA challenge in Virginia (9/1)
La Jolla Band welcomes visitors to longest zip line in California (9/1)
Chukchansi Tribe still aiming for reopening of casino this month (9/1)
Cherokee Nation contributed $11M to upgrade road near casino (9/1)
President Obama restores Alaska Native name of highest peak (8/31)
BIA announces $1.75M in grants fot tribal education programs (8/31)
Multiple Capitol Hill hearings set into disaster at Gold King Mine (8/31)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.