Legal Opinion
Crow Creek Sioux Tribe v. United States
United States Court of Federal Claims
Decided June 1, 2017No. 16-760 CPublishedCited by 3 opinions
1Opinion of the Court
Native American; Crow Creek Sioux Tribe; Motion To Dismiss; Lack of Subject Matter Jurisdiction; Winters v. United States; Breach of Fiduciary Duty; Fifth Amendment Taking
OPINION AND ORDER
Hodges, Senior Judge.
Plaintiff Crow Creek has sued the United States through the Department of the Interi- or alleging a Fifth Amendment taking of its reserved water rights. See Winters v. United States, 207 U.S. 564, 576-78, 28 S.Ct. 207, 52 L.Ed. 340 (1908). Defendant filed a motion to dismiss pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction. Its motion has several bases, including…
2Cases cited4 opinions
- United States v. TestanSupreme Court of the United States · 1976
- Winters v. United StatesSupreme Court of the United States · 1908
- Casitas Municipal Water District v. United StatesCourt of Appeals for the Federal Circuit · 2013
- Navajo Nation v. United States Department of the InteriorDistrict Court, D. Arizona · 2014
3Cited by3 opinions
- Crow Creek Sioux Tribe v. United StatesCourt of Appeals for the Federal Circuit · 2018
- Alta Wind I Owner Lessor C v. United StatesUnited States Court of Federal Claims · 2020
- Alta Wind I Owner Lessor C v. United StatesUnited States Court of Federal Claims · 2020