Here is the unpublished opinion in Schaghticoke Tribal Nation v. Kent School Corp. Inc.:
An excerpt:
Ultimately, the district court concluded that the evidence submitted by STN was insufficient to satisfy the Montoya standard requiring that the group be “united in a community under one leadership or government.” Montoya, 180 U.S. at 266. In so deciding, it relied on DOI’s conclusions that STN had presented insufficient direct evidence of a distinct tribal community from 1920 to 1967 and after 1996, and of political authority over tribal members from 1801 to 1875 and after 1996. It was appropriate for the district court to rely on the DOI’s factual findings. To hold to the contrary would require the district court to conduct the independent, complex evidentiary hearing that this Court sought to avoid in Golden Hill.
Briefs and lower court materials here.
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