Document Type

Article

Publication Date

3-7-1991

Abstract

In the Blackfeet Tribal Court of Appeals, the Court determined that a prior grant of a Motion to Dismiss, in favor of Respondent, in a contract dispute concerning a recission of the sub-lease of a grazing permit to Sun River. The Court determined that LaPlante held the valid permit for grazing, granted by the BIA, and that Sun River was a mere sub-lessee. As a matter of law, the permittee, LaPlante, is responsible for carrying out the terms of the underlying grazing leases, no the Defendant, Sun River. No Evidence indicated that Sun River would be responsible for complying with the terms and conditions of LaPlante’s pasturing authorization, underlying grazing permits, and range control stipulations. The Court agreed that LaPlante was attempting to shift responsibility for complying with the BIA inspection requirements to Sun River. LaPlante did not have the legal authority to delegate his legal duties, under the grazing lease, to sun river, and should have appealed the superintendent's decision in cancelling his permits. It is a maxim of law that no person can take advantage of his own wrong. Montana Code Annotated 1-3-208. c

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