Opinion · District Court, D. Utah

Ute Indian Tribe v. State of Utah

Ute Indian Tribe v. State of Utah, 521 F. Supp. 1072 (District Court, D. Utah 1981)

Type
Opinion
Court
District Court, D. Utah
Jurisdiction
Utah
Date
1981-06-19
Topic
general

How later courts describe this case

  • concluding that reputation in a non-Indian community as to American Indian boundaries is inadmissible under 803(20), because the subject matter was not one of general concern sufficient to warrant consideration within the community
  • courts in reservation boundary cases are “called upon to determine the present meaning of statutes under circumstances not imagined by their draftsmen.”
  • map appended to court’s opinion depicts Myton as being well within both present and historical boundaries of Uintah and Ouray Reservation
  • "While, as counsel for the counties points out, [boundary] reputation evidence is generally admissible in federal court under Rule 803(20), its reliability in these specific circumstances is suspect."
  • discussing pre-1902 efforts to open the Uintah Reservation

Citator

UpLaw has not yet analyzed Ute Indian Tribe v. State of Utah. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
37 opinions
UTE INDIAN TRIBE v. STATE OF UTAH, (D.Utah 1981)
521 F. Supp. 1072
The UTE INDIAN TRIBE, Plaintiff, v. The STATE OF UTAH, defendant in
intervention, Duchesne County, a political subdivision of the State of
Utah, Uintah County, a political subdivision of the State of Utah,
Roosevelt City, a municipal corporation, and Duchesne City, a municipal
corporation, Defendants,
United States of America, Amicus Curiae,
Paradox Production Corporation, a Utah corporation, Amicus Curiae.
Civ. No. C 75-408.
United States District Court, D. Utah,
C.D.
June 19, 1981.
West Page 1073
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]West Page 1074
Stephen G. Boyden, Boyden, Kennedy Romney, Salt Lake City, Utah, Martin E. Seneca, Jr., Washington, D.C., Larry J. Echohawk, Richard Hill, Scott Pugsley, Salt Lake City, Utah, Daniel H. Israel, Native American Rights Fund, Boulder, Colo., for plaintiff Ute Indian Tribe.West Page 1075

Dallin W. Jensen, Michael M. Quealy, Denise Dragoo, Asst. Attys. Gen., State of Utah, Salt Lake City, Utah, for defendant State of Utah.

David L. Wilkinson, Atty. Gen., Richard Dewsnup, Asst. Atty. Gen., State of Utah, Clifford L. Ashton, Van Cott, Bagley, Cornwall McCarthy, Sp. Asst. Attys. Gen., Salt Lake City, Utah, for defendants.

Tom G. Tobin, Tobin Law Offices, P. C., Winner, S.D., David Albert Mustone, Washington, D.C., for Duchesne Uintah Co.

Whitney Hammond, Uintah County Atty., Vernal, Utah, for Uintah County.

Lynn Mitton, Roosevelt City Atty., Roosevelt, Utah, for Roosevelt City.

Francis M. Wikstrom, U.S. Atty., District of Utah, Salt Lake City, Utah, Anita Vogt, Dept. of Interior, Kenneth Marra, Land and Natural Resources Division, U.S. Dept. of Justice, Washington, D.C., for U.S. as amicus curiae.

Stewart M. Hanson, Jr., Salt Lake City, Utah, for Paradox Production Corp.

Lance Wilkerson, Duchesne, Utah, Dennis Draney, Roosevelt, Utah, for Duchesne Co.
JENKINS, District Judge.

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