Document Type

Article

Publication Date

3-16-2005

Abstract

  • In the Blackfeet Tribal Court of Appeals, the Court affirmed a lower court decision relating to the foreclosure and sale of the War Bonnet property and directed the lower court to regulate and oversee its sale, without the involvement of the Glacier County Sherrif and to forestall potential state-tribal entanglements.

  • The Court considered two main issues:

  • 1) whether the Tribal Court orders delegating tribal authority to a state entity and whether the tribal court had proper jurisdiction were authorized and legally correct; and

  • 2) whether the Tribal Court orders relating to the sale of the War Bonnet property were authorized and legally correct.

  • For the first issue, the Court rejected Wellman’s (appellant) argument against delegation of the sale of the War Bonnet property to the Glacier County Sherrif because the Sherrif refused to conduct the sale without a tribal court order authorizing him to do so. That order, properly came on August 15, 2003, authorized the Clerk of the tribal Court, her agents, or the Sheriff to post notice and conduct the foreclosure sale.

  • For the second issue, the Court found that the Judge, though temporarily associated with the same law firm as sone of Plaintiff’s counsel, was properly sequestered. Additionally, that judge was not the same judge who entered the order at issue. Defendant’s challenge is without merit because he failed to raise the issue at the time the Judge first issued the order and he failed to cite any authority in his brief that would support his contentions.

  • The Court rejected Defendant’s arguments and ordered the sale of the War Bonnet property as quickly as possible.

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