No. 22-655

Dan Sulgrove, et al. v. Spokane Indian Tribe, et al.

Lower Court: Ninth Circuit
Docketed: 2023-01-13
Status: Denied
Type: Paid
Response Waived
Tags: article-iii article-three-standing district-court-order federal-enforcement final-judgment government-agreement judgment-amendment standing tribal-reserved-rights tribal-rights water-rights
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether landowners have standing to appeal a district court order approving a government agreement to amend a final judgment decreeing tribal reserved water rights

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether landowners, whose water use was exempted from federal enforcement under a decadesold final judgment decreeing tribal reserved water rights, have Article III standing to appeal from a district court order approving a government agreement to amend said judgment so that landowners’ water rights can be subjected to federal enforcement? 2. May non-party landowners appeal from a district court order approving an agreement by three government parties to amend a decades-old final judgment (and related final orders), when landowners were haled into court by an order to show cause stating their rights will be bound by the amended judgment and landowners fully participated in the show cause proceedings as ordered?

Docket Entries

2023-03-20
Petition DENIED.
2023-03-01
DISTRIBUTED for Conference of 3/17/2023.
2023-02-13
Waiver of right of respondent State of Washington to respond filed.
2023-02-13
Waiver of right of respondent Federal Respondents to respond filed.
2023-01-26
Waiver of right of respondent Dawn Mining Company to respond filed.
2023-01-10
Petition for a writ of certiorari filed. (Response due February 13, 2023)

Attorneys

Dan Sulgrove, et al.
Peter Guillum ScottPeter G. Scott Law Offices PLLC, Petitioner
Peter Guillum ScottPeter G. Scott Law Offices PLLC, Petitioner
Dawn Mining Company
Shane R. SwindlePerkins Coie Brown and Bain P.A., Respondent
Shane R. SwindlePerkins Coie Brown and Bain P.A., Respondent
Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
State of Washington
Peter Benjamin GonickAttorney General of Washington, Respondent
Peter Benjamin GonickAttorney General of Washington, Respondent