UTE INDIAN TRIBE v. UTAH

Nos. 14-4028, 14-4031, 14-4034.

790 F.3d 1000 (2015)

UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION, Plaintiff-Counterclaim Defendant-Appellant/Cross-Appellee, v. State of UTAH; Duchesne County, a political subdivision of the State of Utah, Defendants-Counterclaimants-Appellees in No. 14-4028 and Defendants-Counterclaimants in No. 14-4031, Uintah County, a political subdivision of the State of Utah, Defendant-Counterclaimant-Third-Party Plaintiff-Appellee/Cross-Appellant, Roosevelt City, a municipal corporation; Duchesne City, a municipal corporation; Myton, a municipal corporation, Defendants, Bruce Ignacio, Chairman of the Ute Tribal Business Committee, in his official capacity, Defendant-Third-Party Defendant, and Business Committee for the Ute Tribe of the Uintah and Ouray Reservation; Gordon Howell, Chairman of the Business Committee; Ronald J. Wopsock, Vice Chairman of the Ute Tribal Business Committee, in his official capacity; Stewart Pike, member of the Ute Tribal Business Committee, in his official capacity; Tony Small, member of the Ute Tribal Business Committee, in his official capacity; Philip Chimburas, member of the Ute Tribal Business Committee, in his official capacity; Paul Tsosie, Chief Judge of the Ute Tribal Court, in his official capacity; William Reynolds, Judge of the Ute Tribal Court, in his official capacity, Third-Party Defendants. Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, a federally recognized Indian Tribe, Plaintiff-Appellant, v. State of Utah; Wasatch County, a political subdivision of the State of Utah; Gary Herbert, in his capacity as Governor of Utah; Sean D. Reyes, in his capacity Attorney General of Utah; Scott Sweat, in his capacity as County Attorney for Wasatch County, Utah; Tyler J. Berg, in his capacity Assistant County Attorney for Wasatch County, Utah, Defendants-Appellees. Unitah County, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 16, 2015.


Attorney(s) appearing for the Case

Frances C. Bassett and Jeffrey S. Rasmussen ( Sandra L. Denton , Thomas W. Fredericks , Todd K. Gravelle , Matthew J. Kelly , and Jeremy J. Patterson with them on the briefs) of Fredericks Peebles & Morgan LLP, Louisville, CO, for the Ute Indian Tribe of the Uintah and Ouray Reservation.

Parker Douglas , Utah Federal Solicitor ( Randy S. Hunter and Katharine H. Kinsman , Assistant Utah Attorneys General, and Bridget Romano , Utah Solicitor General, with him on the briefs), Salt Lake City, UT, for the State of Utah, Gary Herbert, and Sean D. Reyes.

Jesse C. Trentadue ( Britton R. Butterfield , Carl F. Huefner , and Noah M. Hoagland , with him on the briefs) of Suitter Axland, PLLC, Salt Lake City, UT, for Duchesne County, Wasatch County, Scott Sweat, and Tyler J. Berg.

E. Blaine Rawson of Ray Quinney & Nebeker P.C., Salt Lake City, UT ( Greggory J. Savage , Matthew M. Cannon , and Calvin R. Winder of Ray Quinney & Nebeker, Salt Lake City, UT, and G. Mark Thomas , Uintah County Attorney, and Jonathan A. Stearmer , Chief Deputy Uintah County Attorney-Civil, Vernal, UT, with him on the briefs), for Uintah County.

Before HARTZ, GORSUCH, and MORITZ, Circuit Judges.


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