Appellant Brief - Turtle Talk

that the Nords failed to establish the existence of any grant of right-of-way
divesting the Red Lake Band of jurisdiction over the portion of the highway at
issue. JA0101 8-9, 0107-08. As noted in the Tribal Court’s Order, in making
its determination, the Court carefully considered the evidence presented by the
Nords but concluded that “[n]othing in these documents constitutes evidence that a
right of way was in fact granted for the location at issue,” JA0101, and contrasted
that lack of an instrument granting a right-of-way with the grant of right-of-way in
Strate v. A-1 Contractors, 520 U.S. 438 (1997).
The Tribal Court also referred to a Minnesota Supreme Court case, Sigana v.
Bailey, 164 N.W.2d 886, 888, 891 (Minn. 1969), that had previously considered
the status of the same highway at issue here (although a different section) and
found that there was “no evidence in the record that the [Minnesota] Department of
Highways has ever acquired a right-of-way.” JA0107-08.
The Nords appealed, and the parties stipulated on October 25, 2005 to stay
the action in District Court until the Tribal Court appeal was resolved. On
February 2, 2006, the Red Lake Court of Appeals affirmed the decision of the
Tribal Court and adopted the Tribal Court’s decision in its entirety. JA0116-17.
The stay in the District Court ended on February 6, 2006. On March 27,
2006, the Tribal Court filed a Motion to Dismiss with Prejudice or Alternative
Motion to Limit Evidence to be Presented to the Federal court. JA0006. On
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