United States Ninth Circuit
Evans v. Shoshone-Bannock Land Use Policy Commission, 13-35003
The district court's denial of plaintiff's motion for preliminary injunction and dismissal of an action seeking to enjoin tribal court proceedings, is reversed and remanded, where: 1) the Shoshone-Bannock Tribes lacked the power to regulate the land use of the plaintiff, a nonmember who owned land in fee simple within the Fort Hall Reservation; 2) plaintiff was not required to exhaust tribal remedies before bringing suit in federal court because the tribal court plainly lacked jurisdiction; and 3) an exception for the regulation of nonmember activity that directly affects a tribe's political integrity, economic security, health, or welfare did not apply in this case.
Appellate Information
- Decided 12/05/2013
- Published 12/05/2013
Judges
- SMITH
Court
- United States Ninth Circuit