WATER WHEEL CAMP RECREATIONAL AREA v. LARANCE

Nos. 09-17349, 09-17357.

642 F.3d 802 (2011)

WATER WHEEL CAMP RECREATIONAL AREA, INC. and Robert Johnson, Plaintiffs-Appellees, v. Gary LARANCE, The Honorable Judge in his capacity as the Chief and Presiding Judge of the Colorado River Indian Tribes Tribal Court, Jolene Marshall, Defendants-Appellants. Water Wheel Camp Recreational Area, Inc. and Robert Johnson, Plaintiffs-Appellants, v. Gary LaRance, The Honorable Judge in his capacity as the Chief and Presiding Judge of the Colorado River Indian Tribes Tribal Court, Jolene Marshall, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2011.


Attorney(s) appearing for the Case

Tim Vollmann and Gwenellen P. Janov (argued), Albuquerque, NM, for defendants-appellants The Honorable Gary LaRance and Jolene Marshall.

Dennis J. Whittlesey (argued), Dickinson Wright PLLC, Washington D.C., for plaintiff-cross-appellant Water Wheel Camp Recreational Area, Inc., and plaintiff-appellee Robert Johnson.

Ellison Folk and Winter King , Shute, Mihaly & Weinberger LLP, San Francisco, CA; Eric Shepard , Office of the Attorney General, Parker, AZ, for amicus curiae Colorado River Indian Tribes.

Carl Bryant Rogers , VanAmberg, Rogers, Yepa, Abeita & Gomez, LLP, Santa Fe, NM; Melody L. McCoy , Native American Rights Fund, Boulder, CO, for amicus curiae The National American Indian Court Judges Association.

John L. Smeltzer (argued), Environment & Natural Resources Division, United States Department of Justice, Washington D.C., for amicus curiae United States.

Rob Roy Smith , Ater Wynne LLP, Seattle, WA, for amicus curiae Nez Perce Tribe, Stillaguamish Tribe of Indians, Confederated Salish and Kootenai Tribes of the Flathead Reservation, Confederated Tribes of the Siletz Indians of Oregon, Duckwater Shoshone Tribe, and the National Congress of American Indians.

Timothy Ward Woolsey , Nespelem, WA, for amicus curiae Confederated Tribes of the Colville Indian Reservation.

Before: RICHARD C. TALLMAN and CONSUELO M. CALLAHAN, Circuit Judges, and SUZANNE B. CONLON, District Judge.


OPINION

PER CURIAM:

A tribal court system exercised jurisdiction over a non-Indian closely held corporation and its non-Indian owner in an unlawful detainer action for breach of a lease of tribal lands and trespass. It entered judgment in favor of the tribe. We examine the extent of an Indian tribe's civil authority over non-Indians acting on tribal land within the reservation. We hold that under the circumstances...

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