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Sept. 22, 2009: Water Wheel Camp Recreation Area Inc. Robert Johnson v. Honorable Gary La Rance

On September 23, 2009, we received a ruling from the United States District Court for the District of Arizona. The Judge ruled that the CRIT Tribal Court had no jurisdiction over Robert Johnson personally, and ordered that the judgment against him in the tribal litigation is null and void. He ordered that portion of the Tribal Court judgment vacated and specifically directed CRIT to pursue no further action against Robert Johnson. In short, CRIT cannot take any action against Robert Johnson which is associated with his presence at Water Wheel Resort, or its operations. However, the court concluded that there was Tribal Court jurisdiction over Water Wheel Resort because it had operated under the Lease for 32 years and was by this time a holdover tenant. However, there is no execution of judgment provision in the Federal Order, meaning that CRIT currently does not have authority to evict Water Wheel. With this, it seems clear that CRIT cannot evict Water Wheel Resort unless it first obtains an Order of Eviction from a state court. However, filing such an action constitutes a tribal waiver of sovereign immunity, which in turn would establish a legal right by Water Wheel Resort to defend the suit on the issues associated with the boundary issue -- including that the land is not held in trust and it is not within the Colorado River Indian Reservation. The federal laws prohibiting the CRIT Reservation from expanding into California would be fair game in that litigation.

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