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NORVELL v. SANGRE de CRISTO DEVELOPMENT COMPANY, INC.

Civ. No. 9106.

372 F.Supp. 348 (1974)

David L. NORVELL, Attorney General of the State of New Mexico, Plaintiff, Board of Commissioners of Santa Fe County, Plaintiff-Intervenor, v. SANGRE de CRISTO DEVELOPMENT COMPANY, INC., a New Mexico corporation, et al., Defendants, Mescalero Apache Tribe, Defendant-Intervenor.

United States District Court, D. New Mexico.

February 20, 1974.

Attorney(s) appearing for the Case

Paul L. Bloom, Special Asst. Atty. Gen., Santa Fe, N. M. (David L. Norvell, Atty. Gen.), for plaintiff.

Antonio Anaya, Special Asst. Dist. Atty. (James C. Thompson, Dist. Atty., Santa Fe County), for Board of Commissioners of Santa Fe County.

Charles D. Olmsted, Santa Fe, N. M., for defendant Sangre De Cristo Development Co., Inc.

Richard J. Smith, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty.), Albuquerque, N. M., Anthony S. Borwick, Atty., Dept. of Justice, Washington, D. C., for the federal defendants.

Jefferson R. Rhodes, Fettinger & Burroughs, Alamogordo, N. M., for the Mescalero Apache Tribe.

MEMORANDUM OPINION

BRATTON, District Judge.

This action presents for decision the question of what authority a state may exert over non-Indians who have entered into a 99 year lease with an Indian tribe under which the non-Indians propose to develop the leased land as a subdivision of homes, together with appropriate commercial and recreational facilities.

The lease involved in this controversy was entered...

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