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Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation

Petition for certiorari denied on December 16, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
13-313 9th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether Montana v. United States applies on tribal land, as this Court suggested in Nevada v. Hicks, or whether this Court acquiesces in the Ninth Circuit’s contrary decision in Water Wheel Camp Recreation Area v. LaRance; (2) whether a non-tribal member consents to tribal jurisdiction under Montana even when that “consent” comes in the form of a contract with a tribal corporation which expressly provides that disputes will be resolved through binding arbitration, not in tribal court, and where the tribal enterprise has expressly waived its sovereign immunity to permit arbitration; (3) whether intangible contract rights of a Nevada corporation located on federal land are held in trust for the Tribe and thus subject to the Tribe’s eminent domain powers because they relate to activities on tribal land; and (4) whether the bad-faith exception to National Farmers Union Insurance Company v. Crow Tribe of Indians exhaustion requires a showing that the tribal court acted in bad faith, or whether it is sufficient to demonstrate that the Tribe’s governing council did so and that the Tribe’s judiciary lacked judicial independence.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 5 2013Petition for a writ of certiorari filed. (Response due October 11, 2013)
Sep 17 2013Order extending time to file response to petition to and including November 12, 2013.
Nov 12 2013Brief of respondents Grand Canyon Resort Corporation, et al. in opposition filed.
Nov 20 2013Reply of petitioner Grand Canyon Skywalk Development, LLC filed.
Nov 26 2013DISTRIBUTED for Conference of December 13, 2013.
Dec 16 2013Petition DENIED.