CASE ANALYSIS

Evans v. Shoshone-Bannock Land Use Policy Com’n, 736 F.3d 1298 (9th Cir.) (Dec. 5, 2013).

In Evans v. Shoshone-Bannock Land Use Policy Com’n, the 9th Circuit held that land on a reservation owned in fee simple by a non-Indian was clearly not in the jurisdiction of tribal courts. The court narrowly applied the rules formulated by Brendale, finding that the nature of the reservation area including the ‘non-Indian land’ was not closed to the public in a way that would allow it to fit the narrow zoning exception that would uphold tribal jurisdiction. This decision demonstrates the narrow application of Montana.  See PDF for complete summary.

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