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:
Department of Justice accuses city of trespassing on Pueblo lands (5/6)
Native Sun News: Navajo citizens battle power plant on reservation (5/6)
Lakota Country Times: Rosebud Sioux Tribe sues IHS over shutdown (5/6)
Delphine Red Shirt: Lakota language speakers belong in classrooms (5/6)
Clara Caufield: Learning to fly with my fellow eagles and eaglettes (5/6)
Editorial: Empowerment zone slips away on Pine Ridge Reservation (5/6)
Fawn Sharp: Only one candidate knows Indian Country's struggles (5/6)
Gyasi Ross: Voting for the lesser of two evils in this crazy election (5/6)
Harold Monteau: Raising awareness about autism in Indian Country (5/6)
Large crowd gathers to say goodbye to slain 11-year-old Navajo girl (5/6)
Haskell University to raise funds for long-overdue campus upgrades (5/6)
Warm Springs Tribes break ground on greenhouse to grow marijuana (5/6)
Eastern Cherokees move to pay off more than $96M in existing debt (5/6)
Timbisha Shoshone Tribe plans to pay $5.5M to acquire gaming site (5/6)
Keweenaw Bay Indian Community asked to resubmit casino project (5/6)
Winnebago Tribe's corporation wins approval to restart horse races (5/6)
Study confirms high rate of violence against Native women and men (5/5)
Senate Committee on Indian Affairs schedules meeting and hearing (5/5)
Native Sun News: Group aims to bring positive change to Rapid City (5/5)
Lakota Country Times: Rosebud Sioux Tribe updates education code (5/5)
Mark Trahant: Native candidates being left behind in big money race (5/5)
Brandon Ecoffey: Governor's comments harken back to painful era (5/5)
Ivan Star Comes Out: White domination in America is under threat (5/5)
Jennifer Denetdale: Navajo Nation panel examines gender violence (5/5)
Leader of Navajo Nation Council criticizes coverage of girl's death (5/5)
Sen. Rounds to seek system-wide review of Indian Health Service (5/5)
Elouise Cobell being considered for Presidential Medal of Freedom (5/5)
Nottawaseppi Huron Band to prosecute non-Indians under VAWA (5/5)
Gathering of Nations must find new venue after end of agreement (5/5)
Brothers awarded $450K for anti-Indian beating at New Mexico bar (5/5)
Eastern Shoshone Tribe pays $1.7M to acquire land on reservation (5/5)
Nambe Pueblo pays off remaining funds owed to gaming developer (5/5)
States with less Indian gaming presence rank higher for addictions (5/5)
Cowlitz Tribe hosts forums on casino construction and related work (5/5)
Editorial: New commercial casino won't hurt St. Regis Mohawk Tribe (5/5)
Navajo Nation reeling after arrest made in 11-year-old girl's death (5/4)
Bureau of Indian Affairs adds names to memorial for fallen officers (5/4)
Bureau of Indian Affairs updates list of federally recognized tribes (5/4)
Bureau of Indian Affairs finalizes rule for burial assistance program (5/4)
National Indian Gaming Commission selects first vice chair in years (5/4)
Lakota Country Times: Oglala Sioux Tribe assists vets with housing (5/4)
Native Sun News: Northern Cheyenne Tribe pushed to hold election (5/4)
Cheyenne & Arapaho Tribal Tribune: Tribes fight coal mine in Texas (5/4)
Jim Kent: Governor of South Dakota blissfully ignorant about tribes (5/4)
Ernestine Chasing Hawk: Who made the decision to kill Anna Mae? (5/4)
Suzan Shown Harjo: Delete 'off the reservation' from our discourse (5/4)
Simon Moya-Smith: Donald Trump sees Indian people going 'wild' (5/4)
Dina Gilio-Whitaker: Native issues are afterthought for candidates (5/4)
Blackfeet Nation to see $107M from Cobell land buy-back program (5/4)
Nooksack Tribe fires judge and loses attorney in enrollment crisis (5/4)
Democrat Bernie Sanders staying in race as last Republicans quit (5/4)
Choctaw Nation offered settlements in fatal casino bus accident (5/4)
Keweenaw Bay Indian Community fails to sell governor on casino (5/4)
Shakopee Tribe starts work on casino hotel and convention center (5/4)
Editorial: Work with Cloverdale Rancheria rather than fight casino (5/4)
Lakota Country Times: Governor lectures tribe about sacred lands (5/3)
Native Sun News: Navajo Nation chapter sues tribe over water deal (5/3)
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.