No. 24-952

South Point Energy Center LLC v. Arizona Department of Revenue, et al.

Lower Court: Arizona
Docketed: 2025-03-05
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: federal-preemption indian-law non-indian-ownership statutory-interpretation tax-preemption trust-land
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2025-06-26 (distributed 2 times)
Question Presented (AI Summary)

Whether 25 U.S.C. § 5108 expressly preempts state and local taxation of permanent improvements on trust land when the improvement's owner is a non-Indian and whether federal law impliedly preempts such taxation

Question Presented (OCR Extract)

are: 1. Whether 25 U.S.C. § 5108 expressly preempts state and local taxation of permanen t improvements on trust land when the improvement’s owner is a non-Indian. 2. Whether federal law impliedly preempts state and local taxation of petitioner’s permanent improvement .

Docket Entries

2025-06-30
Petition DENIED.
2025-06-10
DISTRIBUTED for Conference of 6/26/2025.
2025-06-10
Reply of South Point Energy Center, LLC submitted.
2025-06-10
Reply of petitioner South Point Energy Center, LLC filed. (Distributed)
2025-05-23
Brief of Arizona Department of Revenue, et al. in opposition submitted.
2025-05-23
Brief of respondents Arizona Department of Revenue, et al. in opposition filed.
2025-04-30
2025-04-23
Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2025.
2025-04-22
Motion of Arizona Department of Revenue, et al. for an extension of time submitted.
2025-04-22
Motion to extend the time to file a response from April 30, 2025 to May 23, 2025, submitted to The Clerk.
2025-03-31
Response Requested. (Due April 30, 2025)
2025-03-26
DISTRIBUTED for Conference of 4/17/2025.
2025-03-17
Waiver of Arizona Department of Revenue, et al. of right to respond submitted.
2025-03-17
Waiver of right of respondent Arizona Department of Revenue, et al. to respond filed.
2025-03-03
Petition for a writ of certiorari filed. (Response due April 4, 2025)

Attorneys

Arizona Department of Revenue, et al.
Kimberly Joan CyganArizona Attorney General's Office, Respondent
Kimberly Joan CyganArizona Attorney General's Office, Respondent
Fort Mojave Indian Tribe, et al.
Adam G. UnikowskyJenner & Block LLP, Amicus
Adam G. UnikowskyJenner & Block LLP, Amicus
South Point Energy Center, LLC
Lisa Schiavo BlattWilliams & Connolly LLP, Petitioner
Lisa Schiavo BlattWilliams & Connolly LLP, Petitioner