New Mexico SCT Affirms Tribal Immunity from Property Claims (UPDATED with briefs)

Here is the opinion in Hamaatsa Inc. v. Pueblo of San Felipe.

An excerpt:

The Pueblo of San Felipe (Pueblo) appeals from an opinion of the New Mexico Court of Appeals declining to extend the Pueblo, an Indian tribe, immunity from suit. Because it is settled federal law that sovereign Indian tribes enjoy immunity from suit in state and federal court—absent waiver or abrogation by Congress—we reverse the Court of Appeals with instructions for the district court to dismiss the suit for lack of subject matter jurisdiction.

Lower court decision here.

We would love to post the briefs in this case. Please send along.

Briefs:

Hamaatsa Answer Brief to Tribal Amici

Hamaatsa Answer Brief

Response Brief of Amicus Curiae NMLTA

SF Brief in Chief

SF Reply Brief

SF Reply to NMLTA Amicus Brief

Tribal Amicus Brief