2017 State Court Cases
Last updated: March 24, 2017
Next update should be ready by: April 5, 2017
Recently Added Cases:
Kaplan v. State
147 A.D.3d 1315
Supreme Court, Appellate Division,
Fourth Department, New York
*Synopsis: Taxpayer brought declaratory judgment action alleging that State of New York ceded its taxation authority to the federal government by entering into the settlement agreement with Indian tribe, thereby violating State Constitution. The Supreme Court, Oneida County, Bernadette T. Clark, J., dismissed action. Taxpayer appealed.
*Holdings: The Supreme Court, Appellate Division, held that State did not violate provision of State Constitution that prohibited State from surrendering or contracting away its power of taxation.
Rice v. McDonald
2017 WL 836561
Supreme Court No. S-16218
Supreme Court of Alaska.
March 3, 2017
Legal Topics: Indian Child Welfare Act - Application
Lundgren v. Upper Skagit Indian Tribe
2017 WL 635649
Supreme Court of Washington.
Legal Topics: In Rem Jurisdiction; Tribal Sovereign Immunity
Related News Stories: Washington Supreme Court rejects sovereign immunity defense in quiet title action (National Law Review) 3/21/17
Quinault Indian Nation v. Imperium Terminal Services, LLC
387 P.3d 670
Supreme Court of Washington.
*Synopsis: Owners of terminals for storing petroleum products applied for substantial shoreline development permit (SSDP) based on plans to expand their operations. After the Department of Ecology (DOE) and the city issued mitigated determinations of nonsignificance (MDNS) and permits, a Native American tribe and citizens groups appealed. The Shoreline Hearings Board granted motions for partial summary judgment filed by tribe, citizens group, and owners. Tribe and citizens group appealed to the Court of Appeals, which accepted direct review. The Court of Appeals, Johanson, C.J., 190 Wash.App. 696, 360 P.3d 949, affirmed Board's grant of summary judgment. Tribe and citizens group sought review by Supreme Court, which was granted.
*Holdings: As matters of first impression, the Supreme Court, Owens, J., held that:
1) owners' proposed expansion projects, which would facilitate the storage of additional fuel products that would arrive by train or truck and depart by ocean-bound ship, triggered review of owners' permit applications under Ocean Resources Management Act's (ORMA) statutory framework;
2)owners' proposed expansion projects qualified as "ocean uses" as defined in DOE's regulation implementing ORMA;
3) owners' proposed expansion projects qualified as "transportation" as defined in DOE's regulation implementing ORMA; and
4) owners' proposed expansion projects qualified as "coastal uses" as defined in DOE's regulation implementing ORMA.
Reversed and remanded.
S.S. v. Stephanie H.
2017 WL 117117
No. 1 CA–JV 16–0163
Court of Appeals of Arizona,
Legal Topics: Indian Child Welfare Act - Private Severance
In the Matter of L. M. G. M.
283 Or.App. 353
Court of Appeals of Oregon.
*Synopsis: The Department of Human Services (DHS) petitioned to terminate mother and father's parental rights to Indian child. The Circuit Court, Douglas County, Ann Marie Simmons, J., terminated parental rights. Parents appealed.
*Holdings: The Court of Appeals, Flynn, J., held that:
1) DHS made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, as required under Indian Child Welfare Act (ICWA);
2) DHS' active efforts were unsuccessful; and
3)expert testimony supported finding that parents' custody of child would result in serious emotional or physical damage.
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