Appellant Brief - Turtle Talk

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avoid any title, color of title or an appearance of a State governmental interest on the Red Lake Reservation that might be used to impose liability or suggest State indemnification. [The Department] has carefully practiced this position for its Highway 1 and 89 activities within the Red Lake Reservation to protect the State of Minnesota because Red Lake reservation is a separate jurisdiction within which the State lacks the access control necessary to limit liability. A21 9, JA0216. Mr. McKinnon therefore concludes: The Red Lake Reservation is the only closed reservation I deal with, and MnDot operations are different on that reservation. MnDot’s practice has consistently been to approach the Red Lake Reservation and Tribal Government as a foreign jurisdiction. I cannot identify documents or MnDot practices concerning the Highway 1 and 89 corridors with the Red Lake Reservation that suggest MnDot has acquired title, demonstrated any governmental interest, or provided State liability indemnification that typically accompanies that interest within its boundaries. A21-22 11, JA0216-17. From these statements of Mr. McKinnon, it is apparent that the Minnesota Department of Transportation does not seek a transfer of jurisdictional authority from the Band to the State when it seeks a so-called “right-of-way.” Mr. McKinnon acknowledges that the Department has not been granted the access control at Red Lake it receives elsewhere in the State on full rights-of-way. This evidence alone distinguishes the right-of-way in Strate and should have, at the least, precluded summary judgment pending further discovery. 27
General Treatment by the State The Red Lake Indian Reservation is acknowledged as being unique by the State. For example, commenting on the “unique” status of the Band and its lands, the Minnesota Supreme Court stated: [T]he Red Lake Band of Chippewa Indians still retains much of the autonomy originally referred to in Worcester, and the states may not interfere with this tribal self-government. The land of the Red Lake tribe has never been formally ceded to the United States. Comm’r of Taxation v. Brun, 174 N.W.2d 120, 122 (Minn. 1970). The recognition that the status of the Band and its lands is different has also been recognized by the Minnesota State Legislature. For example, 911 system funding is provided: to all qualified counties, and after October 1, 1997, to all qualified counties, existing ten public safety answering points operated by the Minnesota State Patrol, and each governmental entity operating the individual public safety answering points serving the Metropolitan Airports Commission, the Red Lake Indian Reservation, and the University of Minnesota Police Department; Minn. Stat. § 403.113, subd. 2(1) (emphasis added). And: Wild animals taken on Red Lake Reservation lands within the Northwest Angle. Wild animals taken and tagged in accordance with the Red Lake Band's Conservation Code on the Red Lake Reservation lands in Minnesota north of the 49th parallel shall be considered lawfully taken and possessed under State law. Minn. Stat. § 97A.505, subd. 3b. (emphasis added). 28
Page 1 and 2: Chad Dennis Nord, Dennis Nord, d/b/
Page 3 and 4: CORPORATE DISCLOSURE STATEMENT Neit
Page 5 and 6: Fact-Specific Application of the St
Page 7 and 8: 1. It is absurd to expect the Tribe
Page 9 and 10: Hwy. 7 Embers, Inc. v. NW Nat’l B
Page 11 and 12: Minn. Stat. § 97A.505, subd. 3b ..
Page 13 and 14: Strate v. A-1 Contractors, 520 U.S.
Page 15 and 16: that the Nords failed to establish
Page 17 and 18: Nords against further proceedings i
Page 19 and 20: Moreover, the District Court’s in
Page 21 and 22: At a minimum and contrary to the Di
Page 23 and 24: In Strate, the Supreme Court applie
Page 25 and 26: 1. While Strate Does Contain Facial
Page 27 and 28: limited right-of-way, like that all
Page 29 and 30: “such as this one.” Recall, how
Page 31 and 32: Here, the Tribal Court has requeste
Page 33 and 34: nature of such a “right-of-way”
Page 35 and 36: allowed to develop in discovery wou
Page 37: Perhaps more importantly, the State
Page 41 and 42: Declaration makes apparent, the Sta
Page 43 and 44: tribal land. At the very least, the
Page 45 and 46: Accordingly, under the terms of any
Page 47 and 48: District Court incorrectly conclude
Page 49 and 50: Continue Hr’g, and for Contingent
Page 51 and 52: l. that the State and County law en
Page 53 and 54: A. Additional Discovery Would Have
Page 55 and 56: an errand to pick up hay for [his]
Page 57 and 58: In summary, there are a number of i
Page 59 and 60: 1. The State’s Application for th
Page 61 and 62: of these items renders the stipulat
Page 63 and 64: Section 256.7 requires that the sti
Page 65 and 66: 3. The Right-of-Way is Void Because
Page 67 and 68: their authority; and one who deals
Page 69 and 70: 2. Any State Reliance or Past Compe
Page 71 and 72: Court agrees with the District Cour
Page 73 and 74: ADDENDUM Nord v. Kelly, et al., No.

Appellant Brief - Turtle Talk

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