The U.S. Supreme
Court on Monday declined to hear a casino contract dispute affecting the Omaha Tribe of Nebraska.
The tribe entered into 11 contracts with StoreVisions, a non-Indian company, to
perform work on a casino, racetrack and other facilities. The tribe's chairman
and vice chairman reportedly signed a waiver of sovereign immunity as part of
the arrangement.
When the deal went sour, StoreVisions filed suit in state court, alleging violations of the contracts. The tribe claimed it couldn't be sued, arguing that the waiver signed by the chairman and vice chairman was invalid because it wasn't approved
by the entire council.
The Nebraska
Supreme Court disagreed and said the waiver was valid because a
majority of the tribal council was present when it was signed. The tribe's
constitution is silent on the issue so the court said the company should be able
to rely on the actions of the chairman and vice chairman.
The tribe filed a petition with the high court to review the case but the justices declined without comment in an order yesterday.
Nebraska Supreme Court Decision:
StoreVisions
v. Omaha Tribe (March 25, 2011)
Supplemental
(July 22, 2011)
Related Stories:
Omaha Tribe wants Supreme Court to hear casino dispute (10/24)
Nebraska
court rules Omaha Tribe can be sued for casino work (3/25)
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