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Montana Vs. Crow Tribe
Cites for this judgment
- US Supreme Court
- May 18, 1998
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Montana v. CrowSearch
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Tribe - 523 U.S. 696 (1998) October Term, 1997 Syllabus Montana Et Al. V. CrowSearch
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taxes and apparently would not be entitled to any refund in the event that the taxes were declared invalid. Crow Tribe v. MontanaSearch
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that the taxes were both preempted by the IMLA and void for interfering with tribal self-governance. Crow Tribe v. MontanaSearch
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by the Tribe was not appropriate. Key to the court's decision was this Court's holding in Cotton Petroleum Corp. v. NewSearch
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Tribe's disgorgement claim must be examined in light of this Court's pathmarking decision in Cotton Petroleum Corp. v. NewSearch
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enjoys authority to tax to the total exclusion of the other. This situation differs from cases like Valley County v. ThomasSearch
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see Ash Sheep Co. v. UnitedSearch
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public services on the ceded strip, and the Tribe has not exercised civil jurisdiction over this area. See Crow Tribe v. MontanaSearch
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F.2d 1104 , 1107 (CA9 1981) (noting the Court of Appeals' understanding, in Little Light v. CristSearch
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The renegotiated royalties were recognized at the time as being among the highest in the United States. Crow Tribe v. UnitedSearch
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million in royalties through October 1983. Crow Tribe v. UnitedSearch
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Tribe again enacted a tax for coal mined on the ceded strip, and again the Department rejected the tax. See Crow Tribe v. MontanaSearch
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The District Court dismissed the complaint for failure to state a claim upon which relief could be granted. Crow Tribe v. M onSearch
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Court concluded that federallaw did not preempt the State's taxes on coal underlying the ceded strip. Crow Tribe v. UnitedSearch
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States, 657 F. Supp. 573 (Mont. 1985). The Ninth Circuit again reversed. Crow Tribe v. MontanaSearch
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for the interlocutory appeal, but one year later, in 1992, dismissed the appeal as improvidently granted. Crow Tribe v. MontanaSearch
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may impose severance taxes on on-reservation oil and gas production by a non-Indian lessee. Cotton Petroleum Corp. v. NewSearch
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at 702. As a rule, a nontaxpayer may not sue for a refund of taxes paid by another. See, e. g., Furman Univ. v. LivingstonSearch
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Krauss Co. v. DevelleSearch
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Kesbec, Inc. v. McGoldrickSearch
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cf. United States v. CaliforniaSearch
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this Court rendered less than two years after our summary affirmance in Crow II.14 In Cotton Petroleum Corp. v. NewSearch
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Westmoreland over to the Tribe. As authority, the Tribe and the United States rely on cases typified by Valley County v. ThomasSearch
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Court's meticulous treatment of this exhausting litigation, including its discussion of the way Cotton Petroleum Corp. v. NewSearch
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Mexico, 490 U. S. 163 , 186, n. 17 (1989), bears on Crow Tribe v. MontanaSearch
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collected taxes without lawful authority must surrender them to the other one, entitled to impose them, Valley County v. ThomasSearch
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see also, e. g., College Park v. EasternSearch
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Indian Hill v. AtkinsSearch
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School Dist. No.6 v. SchoolSearch
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Balkan v. BuhlSearch
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of the 725 Tribe's coal. See Crow Tribe v. MontanaSearch
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Syllabus Montana Et Al. V. CrowSearch
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Crow Tribe v. MontanaSearch
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Cotton Petroleum Corp. v. NewSearch
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Valley County v. ThomasSearch
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Ash Sheep Co. v. UnitedSearch
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See Crow Tribe v. MontanaSearch
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Little Light v. CristSearch
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the United States. Crow Tribe v. UnitedSearch
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Crow Tribe v. UnitedSearch
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Crow Tribe v. M onSearch
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Furman Univ. v. LivingstonSearch
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United States v. CaliforniaSearch
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Crow II.14 In Cotton Petroleum Corp. v. NewSearch
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College Park v. EasternSearch
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