(DOWNLOAD) "United Farm Workers of America v. Arizona Agricultural Employment Relations Board" by Ninth Circuit United States Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: United Farm Workers of America v. Arizona Agricultural Employment Relations Board
- Author : Ninth Circuit United States Court of Appeals
- Release Date : January 07, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
These consolidated appeals stem from attempts by the Confederated Salish & Kootenai Tribes of Flathead Reservation (hereinafter "the Tribes") to regulate the manner in which non-Indians who own land bordering a navigable lake on the reservation exercise their riparian rights. The Tribes seek to enforce an ordinance they enacted in 1977 to regulate both existing and future structures on the bed and banks of the south half of Flathead Lake, to which the Tribes claim beneficial title. The Namens, who are non-Indian riparian landowners, the State of Montana, and the City of Polson, Montana, contest the Tribes efforts. They argue: (1) that the historic Flathead Reservation was terminated in 1904 ("the termination issue"); (2) that, even if the original reservation still exists, title to the bed and banks of the south half of Flathead Lake is vested in Montana, not in the United States as trustee for the Tribes ("the ownership issue"); and (3) that in any event the Tribes have no power to regulate how a non-member exercises his or her riparian rights ("the regulatory issue"). The district court rejected the first two of these arguments, but concluded that the Tribes lacked regulatory authority over non-members. For the reasons set forth below, we affirm the district courts conclusions as to the termination and ownership issues, but reverse on the regulatory issue and hold that the Tribes have the authority to enact the challenged ordinance.
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