Haulaupai Skywalk Lawsuit, tribe loses lawsuit

[slackjawed]

Skywalk Development, supported by testimony from former tribal officials, answered that a visitors center was not completed because the tribe failed to bring in power, sewage treatment and water systems, as required by contract.

That dispute went to arbitration. The tribe participated in negotiations until last year, when council members voted to condemn the Skywalk and take ownership of it. Hualapai attorneys argued in court that tribal sovereignty makes the Indian nation exempt from arbitration even though it was agreed to in the contract with Jin.

In a 27-page ruling, Judge Campbell described the tribe’s legal arguments as “odd,” “nonsensical” and “wholly unconvincing.” He concluded that the Hualapai Tribe “clearly waived its sovereign immunity.”

from;
http://www.azcentral.com/news/articles/20130214battle-over-skywalk.html?nclick_check=1


This has been going on for awhile. In my personal experience I have worked with this tribe and several others.

I have personally seen heavy equipment condemned and seized from contractors who had done nothing wrong, the tribe just couldn't pay the bill.


what do you think?

 

[Mad Scientist]

I get "Cookies must be enabled" when I click the link so I didn't read the article.

The Indians have been f*cked over on every single Treaty they've ever signed with the US Gov't, why would we expect this to be any different?

 

[slackjawed]

This is not a dispute with the government madsci, this was a contract dispute with a private developer. When they could no longer afford to uphold the contract, they tried to excercise their sovergn immunity. They condemned the skywalk, seized it and declared a legal contract the tribe had signed as null and void.
The developer took them to court, he won.

 

[longknife]

It's been well over 10 years now but I used to drive a tour bus to the West Rim on a regular basis long before the Skywalk got underway. I talked to a number of Hualapai guides and all were thrilled with the idea of having the area improved and giving them a better source of income.

But, every one of them expressed their doubts that it would ever be completed as dreamed up. The knew, way back then, that promises would not be kept.

The road going there was nothing but a single-lane dirt rut that became impassable when it rained or snowed. It was on county land and the county refused to improve or pave it without getting promises from the tribal council that the Haulapai would pay for the road improvement. The road on the reservation was paved and well-maintained.

I remember the visitor's center having electricity, water, and sewage back then, so I can't understand why it hasn't been expanded.

 

[Nika2013]

If Indian tribes have sovereign immunity ( and their own laws,) must they follow American contract law? Its evolution derives from English common law and therefore would not apply to Native Americans? If so, then they may have to pay a lot of money, up front, for work....Just a thought

 

[Nika2013]

Why would the court have jurisdiction over a sovereign entity?