Justia Landlord - Tenant Opinion SummariesArticles Posted in Native American Law
Trenton Indian Housing Authority v. Poitra, et al.
Lisa Poitra appealed an order of eviction, arguing the district court lacked jurisdiction to enter the eviction order because the Trenton Indian Housing Authority (“TIHA”) constituted a dependent Indian community, and a contract provision required the eviction to be handled by the Turtle Mountain Band of Chippewa Indians Tribal Court. The North Dakota Supreme Court concluded the record supported the district court’s finding that TIHA was not a dependent Indian community, the court’s determination that it had subject matter jurisdiction, and the finding TIHA did not have a contractual obligation to bring the eviction action in the tribal court. View "Trenton Indian Housing Authority v. Poitra, et al." on Justia Law
Gustafson v. Poitra, et al.
Linus and Raymond Poitra appeal the district court judgment of eviction. The Poitras argue the district court erred by exercising jurisdiction over this matter, and by sending a North Dakota law enforcement officer onto the reservation to evict tribal members from property within the Turtle Mountain Reservation. The North Dakota Supreme Court determined the Poitras did not meet their burden under either "Montana" exception, and did not explain how a district court was divested of subject matter jurisdiction to grant a judgment of eviction. The district court judgment was therefore affirmed. View "Gustafson v. Poitra, et al." on Justia Law