Appellant Brief - Turtle Talk

2. The Tribal Court Should Be Afforded an Opportunity to
Develop Evidence Regarding the Threat That Nord
Trucking’s Conduct Poses to the Tribe’s Political Integrity,
Economic Security, and Health or Welfare.
The District Court incorrectly granted the Nords’ Motion for Summary
Judgment without allowing the Tribal Court to conduct discovery regarding
whether the Nords’ conduct posed a threat to the Tribe’s political integrity,
economic security, and health or welfare. The Supreme Court of Minnesota has
recognized that the Red Lake Band is unique among the State’s Indian tribes.
Indeed, the Supreme Court has recognized: “the land of the Red Lake tribe has
never been formally ceded to the United States.” Brun, 174 N.W.2d at 122.
Requiring the Red Lake Band—which has never ceded any part of its diminished
Reservation to non-Indian jurisdiction—to cede its regulatory authority over the
right-of-way at issue here threatens the Band’s unique political integrity. The
Band’s special status alone justifies application of the second Montana exception
here. Moreover, the character of the Highway 89 and 1 corridor, which is the main
street in the Reservation towns of Red Lake and Redby and near which most Band
members live, is very different from the highway at issue in Strate and involves a
much greater interest in the Band for public safety and the welfare of tribal
members like Mr. Kelly.
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