Tuesday, May 20, 2014

A.K. Management Co. v. San Manuel Band of Mission Indians case brief

    1. A.K. Management Co. v. San Manuel Band of Mission Indians case brief
a.      RELATIVE TO INDIAN LANDS
b.      It is not necessary for Indian lands to be conveyed for contract to be an “agreement relative to Indian land.”
c.       Agreement which gave non-Indian contracting party exclusive right to build and control operation of bingo facility located on tribal trust lands and prohibited Indian band from encumbering land, fell within scope of statute requiring Bureau of Indian Affairs' approval of contracts relating to Indian lands.
d.      APPROVAL OF MANAGEMENT CONTRACT
e.       25 U.S.C. §81 was enacted by Congress w/intent to protect Indians from “Improvident and unconscionable contracts.”
f.       IMMUNITY FROM SUIT (Sovereign Immunity)
g.      Indian tribe cannot be sued without its consent or consent of Congress, and any such waiver of sovereign immunity cannot be implied but must be unequivocally expressed.
h.      General contract principles did not impose duty on Indian band to seek Bureau of Indian Affairs' approval of bingo management agreement which gave contracting party exclusive right to construct bingo facility and operate bingo games on tribe's reservations for 20 years.
i.        Waiver of sovereign immunity by Indian tribe pursuant to bingo management contract was inoperable, and therefore, tribe remained immune from suit, where waiver clause was part of entire bingo management agreement which was void for failure to comply with statute requiring Bureau of Indian Affairs' approval of any contracts relating to Indian lands.

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