The U.S. Supreme Court today denied a petition in Gustafson v. Poitra, a tribal jurisdiction case.

Darrel Gustafson, a non-Indian, entered in a consensual lease with Leon Poitra and Linus Poitra, who are members of the Turtle Mountain Band of Chippewa Indians. A dispute arose and Gustafson filed a lawsuit in state court.

The North Dakota Supreme Court, however, ruled that the state courts lacked jurisdiction. The proper place to resolve the dispute is tribal court, the court determined.

"Under the infringement test, state jurisdiction over a claim asserted by a non-Indian against an Indian arising within the boundaries of that Indian's reservation is prohibited," the decision stated.

"There is an available forum for this matter in the tribal courts," the decision continued.

Gustafson asked the Supreme Court to review the case but the justices declined, without comment, in an order this morning.

North Dakota Supreme Court Decision:
Gustafson v. Poitra (August 10, 2011)