Judge Denies Temporary Injunction Concerning Carter Hotel Dispute

By KBJR News 1

Judge Denies Temporary Injunction Concerning Carter Hotel Dispute

June 13, 2013 Updated Jun 13, 2013 at 1:35 PM CST

Duluth, MN (NNCNOW.com)-- The legal battle between the Fond du Lac Band of Lake Superior Chippewa and the City of Duluth could reach the Minnesota Supreme Court.

St. Louis County Judge David Johnson has denied the city's amended motion for a temporary injunction to block an application by the Band, to put the Carter Hotel into trust.

Trust land is property to which the federal government holds the legal title, but the beneficial interests go to the tribe.

Judge Johnson says with a decision pending in the Supreme Court, the state will take no action.

"The Band has already made its filings and the city will respond shortly-we'll go from there," said Chairwoman Karen Diver. "The Supreme Court has to accept the case so that will be the first indication of whether of not they'll actually hear the case."

The court of appeals decided that state-court jurisdiction for the legal dispute is allowed in an April decision.

The Band appealed that decision to the Supreme Court and is waiting to hear if it will take the case.