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DOUGLAS INDIAN ASS'N v. CENTRAL COUNCIL

Supreme Court No. S-16235.

403 P.3d 1172 (2017)

DOUGLAS INDIAN ASSOCIATION, Appellant, v. CENTRAL COUNCIL OF TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA; Richard Peterson, individually and in his capacity as President of the Central Council of Tlingit and Haida Indian Tribes of Alaska; and William Ware, individually and in his capacity as Tribal Transportation Manager of the Central Council of Tlingit and Haida Indian Tribes of Alaska, Appellees.

Supreme Court of Alaska.

September 8, 2017.

Attorney(s) appearing for the Case

Lael A. Harrison , Faulkner Banfield, P.C., Juneau, for Appellant.

Richard D. Monkman and Kendri M. M. Cesar , Sonosky, Chambers, Sachse, Miller & Munson, LLP, Juneau, for Appellees.

Nicholas Gasca , Tanana Chiefs Conference, Fairbanks, for Amicus Curiae Tanana Chiefs Conference.

Before: Stowers, Chief Justice, Winfree, Bolger, and Carney, Justices. [Maassen, Justice, not participating.]

OPINION

I. INTRODUCTION

Under the doctrine of tribal sovereign immunity, an Indian tribe is immune from suit unless Congress has authorized the suit or the tribe has waived its immunity. Relying on this doctrine, the superior court dismissed a complaint by Douglas Indian Association against Central Council of...

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