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DACOTAH PROP. v. PRAIRIE ISLAND COMMUNITY

No. C4-94-626.

520 N.W.2d 167 (1994)

DACOTAH PROPERTIES — RICHFIELD, INC., Plaintiff, v. PRAIRIE ISLAND INDIAN COMMUNITY d/b/a Treasure Island Casino and Bingo, Defendant and Third-Party Plaintiff, Appellant, v. Brent JOHNSON, et al., Third-Party Defendants/Counterclaimants, Respondents. Brent JOHNSON, Third-Party Defendant/Counterclaimant/Third-Party Plaintiff, v. PRAIRIE ISLAND INDIAN COMMUNITY d/b/a Treasure Island Casino and Bingo, et al., Third-Party Defendants.

Court of Appeals of Minnesota.

Review Granted September 28, 1994.

Attorney(s) appearing for the Case

Brian B. O'Neill, Richard A. Duncan, Thomas S. Schroeder, Todd D. Steenson, Faegre & Benson, Minneapolis, and Peter T. Poncelet, Welch, for appellant.

Ronald H. Usem, Craig D. Greenberg, Huffman, Usem, Saboe, Crawford & Greenberg, P.A., Minneapolis, for respondents.

Considered and decided by DAVIES, P.J., and LANSING and FORSBERG, JJ.

OPINION

LANSING, Judge.

This appeal presents questions of sovereign immunity and subject matter jurisdiction in litigation involving business transactions of a Native American community. The district court converted the community's motion to dismiss to one for summary judgment, identified genuine issues of material fact, and denied the motion. We affirm the denial of the motion but modify the judgment by holding that the disputed issues are resolved by application...

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