Legal Opinion

Gustafson v. Estate of Poitra

North Dakota Supreme Court

Decided August 10, 2011No. 20100277PublishedCited by 15 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Linus Poitra appealed the default judgment entered by the district court regarding a lease between Darrel Gustafson as lessee and Leon Poitra and Linus Poi-tra as lessors. Linus Poitra argued the district court did not have subject matter jurisdiction to enter the default judgment because the Poitras are members of the Turtle Mountain Band of Chippewa Indians, and the land subject to the lease is Indian-owned fee land located within the boundaries of the Turtle Mountain Indian Reservation. Linus Poitra argued the default judgment infringed upon tribal sovereignty…

2Cases cited20 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1981
  2. Williams v. LeeSupreme Court of the United States · 1959
  3. Nevada v. HicksSupreme Court of the United States · 2001
  4. Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Engineering, P. C.Supreme Court of the United States · 1984
  5. Plains Commerce Bank v. Long Family Land & Cattle Co.Supreme Court of the United States · 2008

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3Cited by15 opinions

  1. Fredericks v. FredericksNorth Dakota Supreme Court · 2016
  2. Arrow Midstream Holdings, LLC v. 3 Bears Construction, LLCNorth Dakota Supreme Court · 2015
  3. Valer v. BartelsonNorth Dakota Supreme Court · 2011
  4. Gary C'hair and Rochelle C'hair v. District Court of the Ninth Judicial District, State of Wyoming, and John StroheckerWyoming Supreme Court · 2015
  5. Gustafson v. PoitraNorth Dakota Supreme Court · 2018

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