Litigation

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In the Supreme Court of the United States, October term, 1975: no. 75-5366 : Alva Fisher, petitioner, v. State of Montana, ex rel, in the matter of the adoption of Ivan Firecrow, a minor by Leroy Runsabove and Josephine Runsabove, respondents: on petition
Title
In the Supreme Court of the United States, October term, 1975: no. 75-5366 : Alva Fisher, petitioner, v. State of Montana, ex rel, in the matter of the adoption of Ivan Firecrow, a minor by Leroy Runsabove and Josephine Runsabove, respondents: on petition for a writ of certiorari to the Supreme Court of the State of Montana: motion and brief of Northern Cheyenne Indian Tribe as amicus curiae in support of the petition for a writ of certiorari to the Supreme Court of the State of Montana
Summary
Case summary: The Montana Supreme Court held that the state court has jurisdiction over an adoption proceeding that arose on the Northern Cheyenne Indian Reservation and in which all parties are members of the Northern Cheyenne Tribe and residents of the Northern Cheyenne Indian Reservation. On appeal, the United States Supreme Court reversed that ruling and held that the Tribal Court of the Northern Cheyenne Tribe has exclusive jurisdiction over the adoption proceeding. Montana state-court jurisdiction over such a proceeding would interfere with the powers of self-government conferred upon the Tribe by federal law and exercised through the Tribal Court.
Year
1975
Type
Litigation
Publisher
Byron S. Adams Printing
Place
Washington, D.C.
The Minnesota Chippewa Tribe et al., plaintiffs, v. Frank C. Carlucci, etc., et al., defendants: civ. a. no. 175-73
Title
The Minnesota Chippewa Tribe et al., plaintiffs, v. Frank C. Carlucci, etc., et al., defendants: civ. a. no. 175-73
Summary
Case summary: The United States District Court, District of Columbia held that the action against the President of the United States, Richard M. Nixon, for failure to appoint members to the National Advisory Council on Indian Education, pursuant to the Indian Education Act, was maintainable and should be decided on the merits. The Court denied the government's suggestion for dismissal on the basis that the action lacked subject matter jurisdiction and was related to executive, discretionary or political acts. President Nixon subsequently made appointments to the National Advisory Council on Indian Education on May 5, 1973, which lead the Court to issue a separate order on May 8, 1973 dismissing the case as moot.
Year
1973
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
The Agua Caliente Band of Mission Indians, by and through its tribal council, et al., appellants v. the County of Riverside, a political subdivision of the State of California, appellees: no. 25298
Title
The Agua Caliente Band of Mission Indians, by and through its tribal council, et al., appellants v. the County of Riverside, a political subdivision of the State of California, appellees: no. 25298
Summary
Case summary: California possessory interest tax could be imposed on lessees of Indian land absent legislation demonstrating a congressional purpose to forbid imposition of the tax.
Year
1971
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
United States of America, appellee, v. 687.30 acres of land, more or less, situate in Dakota and Thurston counties, state of Nebraska, et al., appellants: United States of America, appellee, v. 210.43 acres of land, more or less, situate in Woodbury Count
Title
United States of America, appellee, v. 687.30 acres of land, more or less, situate in Dakota and Thurston counties, state of Nebraska, et al., appellants: United States of America, appellee, v. 210.43 acres of land, more or less, situate in Woodbury County, Iowa, et al., appellants: United States of America, appellee, v. 1,716.18 acres of land, more or less, situate in Woodbury and Monona counties, Iowa, et al., appellants: nos. 71-1122, 71-1345
Summary
Case summary: Suit by Winnebago Tribe of Nebraska contends that congressional legislation enabling condemnation of tribal land for federal water project failed to manifest requisite intent to abrogate treaty rights. Court holds that orders denying tribe's request for relief were not appealable.
Year
1971
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
In the United States Court of Appeals for the District of Columbia Circuit: the Chemehuevi Tribe of Indians, et al., complainants-petitioners, v. Federal Power Commission, respondent: Arizona Public Service Company, et al., respondent-intervenors: on peti
Title
In the United States Court of Appeals for the District of Columbia Circuit: the Chemehuevi Tribe of Indians, et al., complainants-petitioners, v. Federal Power Commission, respondent: Arizona Public Service Company, et al., respondent-intervenors: on petition for review from the Federal Power Commission: brief for complainants-petitioners
Summary
Case summary: Federal Power Commission does not have licensing jurisdiction over steam power plants which are located on or near Indian reservations.
Year
1972
Type
Litigation
Publisher
Native American Rights Fund
Place
Boulder, Colo.
United States of America, plaintiff, Quinault Tribe of Indians on its own behalf and on behalf of the Queets Band of Indians, et al., intervenor-plaintiffs, v. State of Washington, defendant, Thor C. Tollefson, Director, Washington State Department of Fis
Title
United States of America, plaintiff, Quinault Tribe of Indians on its own behalf and on behalf of the Queets Band of Indians, et al., intervenor-plaintiffs, v. State of Washington, defendant, Thor C. Tollefson, Director, Washington State Department of Fisheries, et al., intervenor-defendants: civ. no. 9213
Summary
United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), was a 1974 court case that affirmed the right of most of the tribes in Washington to continue to harvest salmon. Case summary: Tribes are entitled to continued access to traditional off-reservation fishing grounds, one-half total run of fish, and may regulate their members' fishing, while state may regulate Indian fishing rights only if necessary for conservation and if run cannot otherwise be preserved.
Year
1974
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
In the United States Court of Appeals for the District of Columbia Circuit: the Chemehuevi Tribe of Indians, et al., complainants-petitioners, v. Federal Power Commission, respondent: Arizona Public Service Company, et al., respondent-intervenors: on peti
Title
In the United States Court of Appeals for the District of Columbia Circuit: the Chemehuevi Tribe of Indians, et al., complainants-petitioners, v. Federal Power Commission, respondent: Arizona Public Service Company, et al., respondent-intervenors: on petition for review from the Federal Power Commission: reply brief for complainants-petitioners
Summary
Case summary: Federal Power Commission does not have licensing jurisdiction over steam power plants which are located on or near Indian reservations.
Year
1971
Type
Litigation
Publisher
Native American Rights Fund
Place
Boulder, Colo.
In the Supreme Court of the United States, October term, 1973: no. 72-397 : Bonelli Cattle Company, et al., petitioners v. State of Arizona, et al., respondents: on writ of certiorari to the Supreme Court of the State of Arizona
Title
In the Supreme Court of the United States, October term, 1973: no. 72-397 : Bonelli Cattle Company, et al., petitioners v. State of Arizona, et al., respondents: on writ of certiorari to the Supreme Court of the State of Arizona: motion for leave to file brief amicus curiae out of time and brief of amicus curiae, Cocopah Tribe of Indians
Year
1973
Type
Litigation
Publisher
Byron S. Adams Printing
Place
Washington, D.C.
State of New Mexico, plaintiff-appellee, v. Robert Dan Pedro, defendant-appellant: no. 660
Title
State of New Mexico, plaintiff-appellee, v. Robert Dan Pedro, defendant-appellant: no. 660
Summary
Case summary: Conviction of Indian for possession of peyote dismissed since New Mexico state statute requires intent to be element of the crime.
Year
1971
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
In the Court of Appeals of the State of New Mexico: State of New Mexico, plaintiff-appellee, v. Robert Dan Pedro, defendant-appellant: appeal from the District Court of Chaves County, George L. Reese, Jr., judge
Title
In the Court of Appeals of the State of New Mexico: State of New Mexico, plaintiff-appellee, v. Robert Dan Pedro, defendant-appellant: appeal from the District Court of Chaves County, George L. Reese, Jr., judge: appellant's reply brief
Summary
Case summary: Conviction of Indian for possession of peyote dismissed since New Mexico state statute requires intent to be element of the crime.
Year
1971
Type
Litigation
Publisher
[Native American Rights Fund?]
Place
[Boulder, Colo.?]
In the Supreme Court of the United States, October term, 1982: State of Nevada, petitioner, vs. United States of America, et al.; Truckee-Carson Irrigation District, petitioner, vs. United States of America, et al.; Pyramid Lake Paiute Tribe of Indians, c
Title
In the Supreme Court of the United States, October term, 1982: State of Nevada, petitioner, vs. United States of America, et al.; Truckee-Carson Irrigation District, petitioner, vs. United States of America, et al.; Pyramid Lake Paiute Tribe of Indians, cross-petitioner, vs. Truckee-Carson Irrigation District, et al.: on writs of certiorari to the United States Court of Appeals for the Ninth Circuit: Brief of amici curiae, Sierra Club and Friends of the Earth
Summary
Case summary: The U.S. Supreme Court rules that res judicata bars the United States and the Pyramid Lake Paiute Tribe from seeking water rights to the Truckee River to preserve Pyramid Lake and its fish populations.
Year
1982
Type
Litigation
Publisher
Cockle Printing
Place
Omaha, Neb.
In the Court of Appeal, Fourth Appellate District, State of California: no. 4 - civil 9370 : L.V. Knudson, petitioner vs. the Superior Court of the State of California, County of San Diego, respondent, and Dewey H. Bandy, individually and dba Bandy's Camp
Title
In the Court of Appeal, Fourth Appellate District, State of California: no. 4 - civil 9370 : L.V. Knudson, petitioner vs. the Superior Court of the State of California, County of San Diego, respondent, and Dewey H. Bandy, individually and dba Bandy's Campsters, and Great American Insurance Company, a corporation, real parties in interest: points and authorities in opposition to petition for writ of mandate
Summary
Case summary: Petitioner filed a writ of mandate to require the appellate department of the Superior Court of San Diego County to hear and rule on appeals by petitioner from judgments issued in the absence of petitioner and his counsel. The Court of Appeal held the appeals were timely filed under Rule 123(b) of the California Rules of Court and the Superior Court's motion to dismiss the appeals due to untimely filing was improper.
Year
1968
Type
Litigation
Publisher
[Luce, Forward, Hamilton & Scripps?]
Place
[San Diego, Calif.?]
In the Supreme Court of the United States, October term, 1971: no. 71-293: Wayne Goham, petitioner, vs. State of Nebraska, respondent
Title
In the Supreme Court of the United States, October term, 1971: no. 71-293: Wayne Goham, petitioner, vs. State of Nebraska, respondent: brief of Native American Rights Fund as amicus curiae in support of a petition for a writ of certiorari to the Supreme Court of the State of Nebraska
Summary
Case summary: Indian's habeas corpus petition following conviction by Nebraska for rape of non-Indian on reservation of the Omaha Tribe of Nebraska, challenged on basis that Nebraska had retroceeded criminal jurisdiction over the reservation, is denied.
Year
1971
Type
Litigation
Publisher
Bradford Printing
Place
Denver
Alex Scholder, individually and on behalf of others similarly situated, plaintiffs, v. United States of America; Department of the Interior; Bureau of Indian Affairs; Stewart L. Udall, Secretary of the Interior; Robert L. Bennett, Commissioner, Bureau of
Title
Alex Scholder, individually and on behalf of others similarly situated, plaintiffs, v. United States of America; Department of the Interior; Bureau of Indian Affairs; Stewart L. Udall, Secretary of the Interior; Robert L. Bennett, Commissioner, Bureau of Indian Affairs; William E. Finale, Director, Sacramento Office, Bureau of Indian Affairs; and Jess T. Town, Field Representative, Riverside, California area field office, Bureau of Indian Affairs, defendants: no. 68-224-S
Summary
Case summary: Class action suit brought by individual Indians and Indian bands to stop the Secretary of the Interior and the Bureau of Indian Affairs from spending Pala Indian Irrigation Project funds for the benefit of a non-Indian owner of land situated within the Indian irrigation district. The District Court denied plaintiffs' motion. The court held the expenditure was not an unconstitutional taking under applicable federal laws.
Year
1969
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
United States Court of Appeals Tenth Circuit: no. 71-1092: Sandia Pueblo, et al., appellants, vs. Bernalillo Municipal School District Board of Education, et al., appellees
Title
United States Court of Appeals Tenth Circuit: no. 71-1092: Sandia Pueblo, et al., appellants, vs. Bernalillo Municipal School District Board of Education, et al., appellees: memorandum in opposition to appellees' motions to dismiss
Year
1971
Type
Litigation
Publisher
[Native American Rights Fund?]
Place
[Berkeley, Calif.]
Kathleen Ramos, a minor, by her mother Marcella Mason, as next friend, Marcella Mason, individually, and on behalf of three other minor children residing with her, and Della Morales, individually, plaintiffs, v. John C. Montgomery, individually, and as di
Title
Kathleen Ramos, a minor, by her mother Marcella Mason, as next friend, Marcella Mason, individually, and on behalf of three other minor children residing with her, and Della Morales, individually, plaintiffs, v. John C. Montgomery, individually, and as director of the Department of Social Welfare of the State of California, and H.E. Detrich, individually, and as director of the Department of Social Welfare for the County of San Diego, California, defendants : no. 69-259-K
Summary
Case summary: Dismissal of suit to compel State Welfare Department to make AFDC payments to natural parents equal to that given to foster parents.
Year
1970
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
In the matter of the application for water rights of the Board of County Commissioners of the County of Arapahoe, in Gunnison County. The Board of County Commissioners of the County of Arapahoe, applicant-appellant/cross-appellee, v. United States of Amer
Title
In the matter of the application for water rights of the Board of County Commissioners of the County of Arapahoe, in Gunnison County. The Board of County Commissioners of the County of Arapahoe, applicant-appellant/cross-appellee, v. United States of America; Crystal Creek Homeowners Association and Ernest H. Cockrell; Colorado Wildlife Federation, Gunnison Angling Society, High Country Citizens' Alliance, National Wildlife Federation, Rainbow Services, Inc. and Western Colorado Congress; and Upper Gunnison River Water Conservancy District and Board of County Commissioners of Gunnison County, Colorado, objector-appellees/cross-appellants, v. Colorado River Water Conservation District; Henry J. Berryhill, Jr.; City of Delta; City of Montrose; City of Grand Junction; City of Gunnison; Tri-State Generation and Transmission Association, Inc. Crested Butte Water and Sanitation District; Perkins D. Sams; East River at Almont Property Owners Association; Gunnison County Electric Association; Murdie Homeowners' Association, Inc.; Mr. and Mrs. Charles Reeder; Vrigil and Lee Spann Ranches, Inc.; State Engineer; State Board of Land Commissioners; Three Rivers Resort, Inc.; Uncompahgre Valley Water Users Association; Joseph P. Vader, Raymond P. Van Tuyl, Charles Richard Collard, Thomas E. Collard and Taylor Park Pool Association; and Wapiti Canyon Ranch, Ltd., objector-appellees, and Keith Kepler, Division Engineer, Water Division 4, appellee pursuant to C.A.R. 1(e) : no. 92SA68
Summary
Case summary: Supreme Court of Colorado held the National Energy Resources Company (NECO) did not form the requisite intent to appropriate water prior to applying for conditional water right decree, thus making the water right application that was subsequently purchased by the Board of County Commissioners for Arapahoe County speculative. The Supreme Court also held the trial court was not required to consider environmental factors in determining whether Arapahoe County proved the water would be put to good use.
Year
1995
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
In the Supreme Court of the United States, October term, 1978: no. 77-983: State of Washington, et al., petitioners, v. Washington State Commercial Passenger Fishing Vessel Association, et al., respondents : no. 78-119: State of Washington, et al., petiti
Title
In the Supreme Court of the United States, October term, 1978: no. 77-983: State of Washington, et al., petitioners, v. Washington State Commercial Passenger Fishing Vessel Association, et al., respondents : no. 78-119: State of Washington, et al., petitioners, v. United States of America, et al., respondents : no. 78-139: Puget Sound Gillnetters Association, et al., petitioners, v. United States District Court for the Western District of Washington, et al., respondents: motion of the American Civil Liberties Union, the American Civil Liberties Union of Washington, and the National Congress of American Indians for leave to file brief amici curiae
Year
1979
Type
Litigation
Publisher
Record Press
Place
New York
Rincon Band of Mission Indians, La Jolla Band of Mission Indians, plaintiffs-appellants, v. Escondido Mutual Water Company et al., defendants-appellees: no. 26124
Title
Rincon Band of Mission Indians, La Jolla Band of Mission Indians, plaintiffs-appellants, v. Escondido Mutual Water Company et al., defendants-appellees: no. 26124
Summary
Case summary: Action by tribes to recover damages from and prevent further diversion and appropriation of San Luis Rey River water in violation of Indians' paramount water rights. United States Court of Appeals for the Ninth Circuit affirmed the lower court's ruling denying the Indian tribes' demand that the United States Attorney General be required to provide legal representation for this water rights claim.
Year
1972
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
Answer brief of appellee and cross-appellant Rainbow Services, Inc. : in the matter of the application for water rights of the Board of County Commissioners of the County of Arapahoe, in Gunnison County: The Board of County Commissioners of the County of
Title
Answer brief of appellee and cross-appellant Rainbow Services, Inc. : in the matter of the application for water rights of the Board of County Commissioners of the County of Arapahoe, in Gunnison County: The Board of County Commissioners of the County of Arapahoe, applicant-appellant/cross-appellee, v. United States of America; Crystal Creek Homeowners Association and Ernest H. Cockrell; Colorado Wildlife Federation; Gunnison Angling Society; High Country Citizens' Alliance; National Wildlife Federation; Rainbow Services, Inc. and Western Colorado Congress; and Upper Gunnison River Water Conservancy District; and Board of County Commissioners of Gunnison County, Colorado, objector-appellees/cross-appellants, v. Colorado River Water Conservation District; Henry J. Berryhill, Jr.; City of Delta; City of Montrose; City of Grand Junction; City of Gunnison; Tri-state Generation and Transmission Association, Inc.; Crested Butte Water and Sanitation District; Perkins D. Sams; East River at Almont Property Owners Association; Gunnison County Electric Association; Murdie Homeowners' Association, Inc.; Mr. and Mrs. Charles Reeder; Virgil and Lee Spann Ranches, Inc.; State Engineer; State Board of Land Commissioners; Three Rivers Resort, Inc.; Uncompahgre Valley Water Users Association; Joseph P. Vader, Raymond P. Van Tuyl, Charles Richard Collard, Thomas E. Collard and Taylor Park Pool Association; and Wapiti Canyon Ranch, Ltd., objector-appellees, and Keith Kepler, division engineer, Water Division 4, appellee pursuant to C.A.R. 1(e)
Summary
Respectfully submitted this 7th day of January, 1994, Bruce C. Driver, David H. Getches, Roger Flynn.
Year
1994
Type
Litigation
Place
Boulder, Colo

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