indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines

Printer friendly version
Supreme Court rejects state jurisdiction appeal
TUESDAY, MARCH 11, 2003

The Supreme Court on Monday refused to hear a case testing the reach of state jurisdiction over Indian-owned property.

Without comment, the justices rejected a Washington county's attempt to impose its regulations on land located within the boundaries of the Tulalip Reservation. The move lets stand a unanimous 9th Circuit Court of Appeals decision that declared such an intrusion "unprecedented."

Marc D. Slonim, attorney for two Tulalip tribal members who own a construction business on the reservation and want to build new homes, praised the latest development. "We're pleased that the case is over," he said yesterday.

So was Tracy Labin, a Native American Rights Fund (NARF) attorney who is actively monitoring cases that have the potential to impact tribal rights nationwide. She said that the issue of state jurisdiction over Indian fee land was likely settled with last September's 9th Circuit opinion.

Tom Fitzpatrick, a spokesperson for Snohomish County, saw it another way. "It will have a huge effect on local government," he said. He argued that only one part of the case -- that the land in question was owned by tribal members -- was resolved with finality.

"It doesn't address the issue of partial ownership," he said.

Kim Gobin and her brother Guy Madison sought and gained approval from their tribe to build 25 homes on 25 acres of fee land they own. The Tulalip Tribes, known as a leader in economic development, have an exhaustive set of land use regulations.

But those conflict with the county's, which is the fastest growing in the state. Were its regulations to apply, the siblings would have to restrict the number of homes to 10, among other conditions.

To back its stance, the county cited two Supreme Court cases that authorize state jurisdiction over Indian fee land. But the 9th Circuit said those precedents apply to taxation not regulation.

"The policy of leaving Indians free from state jurisdiction is deeply rooted in our nation's history," wrote Circuit Judge Stephen S. Trott for the majority.

Slonim said he expects the development to proceed now that the cloud of litigation has been removed. The new homes are being marketed to high-end customers.

The Tribal Supreme Court Project, a joint effort of NARF and the National Congress of American Indians (NCAI), probably would have submitted an amicus brief had the case been accepted, Labin said.

Relevant Documents:
Docket Sheet: No. 02-1029

Decision Below:
GOBIN v. SNOHOMISH COUNTY, No. 00-36031 (9th Cir. September 18, 2002)

Relevant Links:
Tulalip Tribes - http://www.tulaliptribes.com
Snohomish County - http://www.co.snohomish.wa.us

Related Stories:
Indian land case being reviewed (3/3)
Indian fee land free from state control (09/19)
Wash. tribe confronts land-use problems (8/7)

Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: IHS hospital at Pine Ridge undergoes review (7/25)
Ivan Star Comes Out: Group disturbs tranquility at Bear Butte (7/25)
Indian Health Service discloses privacy breach of patient data (7/25)
BIA extends comment period on federal recognition regulation (7/25)
Navajo Nation president calling for FBI probe of brutal murders (7/25)
Jennie Stockle: Justice for victims of Cedarville mass shooting (7/25)
John Christian Hopkins: Waiting for Belgian waffles at Denny's (7/25)
Steven Pevar: Indian chldren are being taken from their homes (7/25)
IHS pays $53M to settle another contract support cost dispute (7/25)
Shinnecock Nation asserts control over tobacco amid pressure (7/25)
Four sentenced for stealing HHS funds from Oglala Sioux Tribe (7/25)
Unsettled: BIA questions Passamaquoddy forest management (7/25)
ASU News: First graduates of Indian studies master's program (7/25)
Blog: Tanka Fund aims to grow Indian Country's bison economy (7/25)
Opinion: A troubling relationship with Native peoples in Canada (7/25)
Opinion: Auction of tribal property in France sets bad precedent (7/25)
Puyallup Tribe cancels upcoming Ted Nugent concerts at casino (7/25)
Mayor gives conflicting view on Tohono O'odham Nation casino (7/25)
Mashpee Wampanoag Tribe plans to start work at gaming site (7/25)
Pojoaque Pueblo defends provisions in proposed gaming deal (7/25)
Iipay Nation puts Internet gaming servers on Mohawk reserve (7/25)
Native Sun News: Cobell beneficiaries still waiting on payment (7/24)
Navajo Nation president to discuss brutal murders with mayor (7/24)
NCAI President Cladoosby offers cedar hat to BIA's Washburn (7/24)
Woman waiting in line at SCIA hearing reportedly had bedbugs (7/24)
S.E. Ruckman: Tribal members share frustrations on IHS care (7/24)
Mark Rogers: System exploits misery of our nation's veterans (7/24)
Fort Belknap Tribes depend on revenue from Internet lending (7/24)
Oglala Sioux Tribe still working on plan for legal alcohol sales (7/24)
Two Native girls charged with assault for hockey game brawl (7/24)
Chickasaw Nation welcomes public to new community center (7/24)
Oregon tribe plans major development at historic village site (7/24)
Unsettled Ch. 26: Passamaquoddy dealings cloaked in secrecy (7/24)
KCAW: BLM supports Alaska Native corporation in land dispute (7/24)
Mixed martial arts fighter from Lumbee Tribe proud of heritage (7/24)
Granddaughter of former team owner condemns racist mascot (7/24)
Opinion: Chief Black Hawk was notorious leader of Ute people (7/24)
Remote tribes facing threats from drug trafficking and logging (7/24)
BIA indicates Tohono O'odham Nation can use land for gaming (7/24)
Pojoaque Pueblo wants to take state out of casino operations (7/24)
Iipay Nation started planning Internet poker games last year (7/24)
Fighter seriously injured at Trinidad Rancheria's casino event (7/24)
St. Regis Mohawk Tribe concerned about potential gaming site (7/24)
Native Sun News: Great Plains tribes call for full contract funds (7/23)
Native Sun News: Candidate wants Obama to meet with tribes (7/23)
Audio: Senate Committee on Indian Affairs hearing on gaming (7/23)
President Obama nominates Jonodev Chaudhuri to lead NIGC (7/23)
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.