July 28, 2014

Temporary Injunction Dismissed Against Carter Hotel Trust Application

By KBJR News 1

May 23, 2012 Updated May 23, 2012 at 8:52 PM CDT

Duluth, MN (Northlands NewsCenter)
-- There has been a major development is the city of Duluth's attempt to block the Fond du Lac band's application to put the Carter Hotel into Indian land trust.

In a hearing in April Duluth asked for a temporary restraining order to block the band's application.

State District Court Judge Mark Munger ruled against the city today.

The city will have another day in court.

The request for a temporary Injunction was dismissed without prejudice, which means the city can take this issue back to court for further consideration.

Judge Munger says the state court simply doesn't have jurisdiction to interpret the 1994 agreements between the band and the city and the band's trust application to make the land under the Carter Hotel, Indian land, is not far enough along in the application process for any legal action at this point.

Duluth City attorney Gunnar Johnson says the city will take the case back to court once the band's Federal trust application is further along.

"The court says we have to let it make a couple more steps before we can move to enforce our contractual rights and that we have to go to federal court to do that as opposed to state court where we filed our lawsuit."

The 1986 agreements do say that disputes like these should be settled in state court but Judge Munger felt differently because of the dormancy clause, which leaves parts of the 86' agreement dormant.

Fond du Lac Tribal Chairwoman Karen Diver was pleased with this news and says this is just another loss for the city when it comes to this issue.

She also said the band will protect itself in any venue to which the city wants to take its case.

Zach Vavricka
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