Legal Opinion

Ottawa Tribe of Okla. v. Speck

District Court, N.D. Ohio

Decided July 31, 2006No. 3:05 CV 7272PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ZOUHARY, District Judge.

INTRODUCTION

This matter is before the Court on Defendant Speck’s Motion to Dismiss (Doc. No. 25). Defendant advances nine separate grounds for dismissal. Based upon the written briefs and the oral hearing held on July 13, 2006, the Court denies the Motion. This Order is supplemented by the transcript of the hearing.

1) JUSTICIABLE CONTROVERSY

Speck argues the Tribe does not establish a justiciable dispute regarding the Tribe’s commercial hunting and fishing rights because the Tribe is not present in Ohio and, without the Tribe’s presence, the…

2Cases cited39 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. Quern v. JordanSupreme Court of the United States · 1979
  5. Verizon Maryland Inc. v. Public Service Commission of MarylandSupreme Court of the United States · 2002

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3Cited by3 opinions

  1. Skokomish Indian Tribe v. GoldmarkDistrict Court, W.D. Washington · 2014
  2. Commissioner of the N.Y. State Dept. of Transp. v. PoliteAppellate Division of the Supreme Court of the State of New York · 2024
  3. Little Traverse Bay Bands Indians v. WhitmerDistrict Court, W.D. Michigan · 2019

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