Tule Lake Com. v. Follis CA3

BACKGROUND

In July 2018, Nation purchased the airport from the City for $17,500 pursuant to a written contract. In October 2020, the Committee filed a civil action against respondents in the superior court challenging the purchase. The complaint’s first cause of action challenged the transaction under federal law, arguing that because the City owned the airport pursuant to a federal grant of land made under the Federal Airport Act of 1946, the City could not sell the airport to the Nation. The second cause of action argued the City violated the Brown Act by discussing the airport sale in closed sessions of the city council, and sought prospective relief to prevent future Brown Act violations by the City. The third cause of action sought to void the sale because of Brown Act violations. Nation moved to quash service of process and to dismiss the complaint, arguing it was both immune from suit under the doctrine of tribal sovereign immunity and an indispensable party to the action. In a March 2023 ruling, the trial court agreed with Nation, explaining (1) tribes have sovereign immunity from lawsuits unless a tribe has waived immunity or Congress has abrogated tribal immunity, (2)…