Nicholson Trust v. Chavez

Opinion delivered by

FERGUSON, Associate Justice.

This is an appeal from the Window Rock District Court’s dismissal of Dale Nicholson Trust’s complaint for lack of subject matter jurisdiction. We vacate the judgment and remand for further proceedings.

I

The facts are taken from the Appellant’s complaint. The Appellant, Dale Nicholson Trust (Trust), derives its income from properties, assets, and business operations within the Navajo Nation. The trustee is Dale A. Nicholson, a non*423member Indian.1 The beneficiary of the Trust is an enrolled member of the Navajo Nation. The trustee’s son, Brian…