Supreme Court declines to hear Lummi Nation trespass case
The U.S. Supreme Court today declined to hear Sharp v. US, a trespassing case involving the Lummi Nation of Washington.

A group of homeowners on the reservation had leases with the tribe to build shore defense structures on tidelands. When the agreements expired, the homeowners declined to negotiate new leases and the United States, acting as trustee, began trespassing proceedings.

The 9th Circuit Court of Appeals supported the proceedings and said the reservation continues to include the tidelands on the Strait of Georgia. The homeowners appealed but the justices, without comment, rejected the case.

SCOTUSBlog, an influential Supreme Court blog, had listed the petition as one to watch. "In virtually all other areas of law, this would be a no-brainer 'deny,'" Turtle Talk, the Indian law blog, said in response.

"There’s no split, and there never will be — unless the United States starts bringing more and more trespass actions against non-Indians on behalf of tribes (and how likely is that to happen, exactly?)" Turtle Talk said.

Relevant Documents:
SUpreme Court Order List (May 17, 2010)

9th Circuit Decision:
US v. Sharp (October 9, 2009)