HOFFMAN v. SANDIA RESORT AND CASINO

No. 28,444.

232 P.3d 901 (2010)

2010-NMCA-034

Gary HOFFMAN, Plaintiff-Appellant, v. SANDIA RESORT AND CASINO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, March 23, 2010, No. 32,245.


Attorney(s) appearing for the Case

Paul Livingston, Placitas, NM, Bregman & Loman, PC, Sam Bregman, Eric R. Loman, Albuquerque, NM, for Appellant.

Sutin, Thayer & Browne, PC, Paul Bardacke, C. Shannon Bacon, Albuquerque, NM, Sonosky, Chambers, Sachse, Mielke, & Brownell, David C. Mielke, Albuquerque, NM, for Appellee.

Norhaus Law Firm, LLP, Wayne H. Bladh, Santa Fe, NM, Rodina Cole Cave, Albuquerque, NM, for Amicus Pueblo of Laguna.

Bergen Law Offices, LLC, Lee Bergen, Albuquerque, NM, for Amicus Ohkay Owingeh Pueblo.

Sonosky, Chambers, Sachse, Mielke & Brownell, David C. Mielke, Albuquerque, NM, for Amicus Pueblo of Isleta.

VanAmberg, Rogers, Yepa, Abeita, & Gomez, LLP, Bryant Rogers, Santa Fe, NM, for Amicus Pueblo of Nambe.

Maxine R. Velasquez, San Felipe Pueblo, NM, for Amicus Pueblo of San Felipe.

Frank A. Demolli, Santa Fe, NM, for Amicus Pueblo of Pojoaque.


OPINION

CASTILLO, Judge.

{1} This case presents us with another question regarding the extent of tribal sovereign immunity. Appellant Hoffman brought suit in district court based on his claims that Sandia Resort and Casino (Sandia) wrongfully refused to pay him a gambling prize. Holding that tribal sovereign immunity applies, we affirm the district court's grant of Sandia's motion to dismiss based on lack of subject matter jurisdiction.

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