(DOWNLOAD) "Granite Valley Hotel Limited Partnership" by Court of Appeals of Minnesota * eBook PDF Kindle ePub Free
eBook details
- Title: Granite Valley Hotel Limited Partnership
- Author : Court of Appeals of Minnesota
- Release Date : January 18, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 142 KB
Description
When a state district court and an Indian community's tribal court have concurrent jurisdiction over an action, the district court may properly decide issues of sovereign immunity and jurisdictional consent without deferring to the jurisdiction of the tribal court, if retention of jurisdiction does not interfere with matters of tribal self-government. FORSBERG, Judge This case arises from a breach of contract action filed by respondent, Granite Valley Motel Limited Partnership (Granite Valley), 1 against appellant, Jackpot Junction Bingo & Casino (Jackpot Junction), seeking monetary damages for Jackpot Junction's alleged breach of a motel occupancy agreement. On a pretrial motion, the trial court declared that it had jurisdiction over the case and that Jackpot Junction's owner and operator, the Lower Sioux Indian Community (Community), had effectively waived its sovereign immunity. Jackpot Junction appeals the order declaring jurisdiction, arguing the trial court erred in refusing to defer to the jurisdiction of the Community's tribal court for determination of whether the Community effectively waived its sovereign immunity and consented to the jurisdiction of Minnesota courts. We affirm.