Meherrin Indian Tribe v. Lewis

HUNTER, JR., Robert N., Judge.

Thomas Lewis, el al. (collectively, “defendants”) appeal an order entered 8 May 2008, which denied their motion to dismiss based on N.C. Gen. Stat. § 1A-1, Rule 12(b)(1), (2), and (6). We affirm the trial court’s dismissal of the Rule 12(b)(2) and (6) motions and dismiss the appeal of the Rule 12(b)(1) motion as interlocutory.

I. Background

The Meherrin Indian Tribe (“the Tribe”) is composed of the descendents of indigenous peoples who formerly resided at the mouth of the Meherrin River Valley and “who are of the same linguistic stock as the Cherokee, Tuscarora,…