Legal Opinion
R & R DELI, INC. v. Santa Ana Star Casino
New Mexico Court of Appeals
Decided December 21, 2005No. 25,582PublishedCited by 14 opinions
1Opinion of the Court
OPINION
PICKARD, J.
{1} In this case, we determine whether limited waivers of tribal sovereign immunity in a commercial lease and in a pueblo’s gaming compact with the State are applicable to a suit based in contract and tort brought by a lessee of property located on tribal lands. Holding the waivers inapplicable, we affirm the trial court’s grant of Defendants’ motion to dismiss.
STANDARD OF REVIEW AND FACTS
{2} When reviewing a trial court’s grant of a motion to dismiss, we accept as true the facts pleaded in the complaint, and we review de novo the trial court’s application of the law to…
2Cases cited13 opinions
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- Puyallup Tribe, Inc. v. Department of Game of WashingtonSupreme Court of the United States · 1977
- Metropolitan Life Insurance v. WardSupreme Court of the United States · 1985
- Bd. of Educ. of Carlsbad v. HarrellNew Mexico Supreme Court · 1994
- Gallegos v. Pueblo of TesuqueNew Mexico Supreme Court · 2002
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hunt v. Central Consolidated School DistrictDistrict Court, D. New Mexico · 2013
- Ruegsegger v. Board of Regents of Western New Mexico UniversityNew Mexico Court of Appeals · 2006
- Ruegsegger v. WESTERN NM UNIVERSITYNew Mexico Court of Appeals · 2006
- Cruz v. FTS Construction, Inc.New Mexico Court of Appeals · 2006
- Durham v. GuestNew Mexico Court of Appeals · 2007
9 more not listed; retrieve them via the Exa API.