2017 State Court Cases

Last updated: April 21, 2017
Next update should be ready by: April 28, 2017

Recently Added Cases:

Advisory Opinion to the Attorney General RE: Voter Control of Gambling in Florida
2017 WL 1409673
No. SC16-778
No. SC16-871
Supreme Court of Florida
April 20, 2017

Legal Topics: Advisory opinion on voter control of gambling in Florida

In re J. L.
2017 WL 1371213
D070826
Court of Appeal, Fourth District, Division 1, California.
April 4, 2017

Legal Topics: Indian Child Welfare Act - Notice

In re Rhoades
2017 WL 1371025
D070488
Court of Appeal, Fourth District, Division 1, California.
March 22, 2017

Legal Topics: Prisoners - Religious Freedom; Tobacco


Older Cases:

December

November

October

September

August

July

June

May

April

March

People In Interest of L.L.
2017 WL 1089561
Court of Appeals No. 16CA1222
Colorado Court of Appeals, Div. VI.
March 23, 2017

Legal Topics: Indian Child Welfare Act - Notice

Related News Stories: Colorado Court of Appeals: dependency and neglect court should have followed ICWA's notice requirements (Legal Connection) 3/31/17

Cougar Den, Inc. v. Washington State Department of Licensing
2017 WL 1192119
No. 92289-6
Supreme Court of Washington.
March 16, 2017

Legal Topics: Treaty Right to Travel - Fuel Transport 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

February

Lundgren v. Upper Skagit Indian Tribe
2017 WL 635649
No. 91622-53
Supreme Court of Washington.
2/16/17

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

Kaplan v. State
147 A.D.3d 1315
Supreme Court, Appellate Division,
Fourth Department, New York
2/3/17

*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.
Affirmed.

January

Quinault Indian Nation v. Imperium Terminal Services, LLC
387 P.3d 670
No. 92552-6
Supreme Court of Washington.
1/12/17

*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, Division 1.
1/12/17

Legal Topics: Indian Child Welfare Act - Private Severance

In the Matter of L. M. G. M.
283 Or.App. 353
A162043
Court of Appeals of Oregon.
1/11/17

*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.
Affirmed.

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