5 NICS App. 6, SEVEN ARROWS, L.L.C. v. TULALIP TRIBES (July 1997)

IN THE TULALIP TRIBAL COURT OF APPEALS

TULALIP INDIAN RESERVATION

MARYSVILLE, WASHINGTON

SEVEN ARROWS, L.L.C., a Delaware limited liability company; its members (John and Jane Does 1 - 10); and GRAND CASINOS, INC., a Minnesota corporation, Appellants/Defendants,

v.

Tulalip Tribes of Washington, Respondents/Plaintiffs.

No. TUL-CI-4/96-499 (July 14, 1997)

SUMMARY

Parties may agree to apply federal law to contractual issues but where, as here, the application of federal law is limited in scope, the court will not exceed those confines. Pre-emption of tribal law is the role of tribal legislature. Absent legislative directive, the Court of Appeals will not adopt federal law nor review interlocutory appeals. Further, the Court of Appeals will not review a trial court order to which no error has been assigned.

FULL TEXT

Before:            Elbridge Coochise, Chief Justice; Charles R. Hostnik, Justice; Douglas W. Hutchinson, Justice.

This matter came before the Tulalip Tribal Court of Appeals pursuant to a notice of appeal filed by Seven Arrows, L.L.C. and Grand Casinos, Inc. (hereinafter “Seven Arrows”). Seven Arrows appeals from the June 12, 1997, trial court Order Denying Defendant’s Motion for Stay Pending Arbitration. On July 3, 1997, Respondent Tulalip Tribes filed a Motion to Dismiss the Appeal and Seven Arrows filed a Request for Order Setting Briefing Schedule.

Seven Arrows cites the Federal Arbitration Act as authority for its Notice of Appeal. The lease at issue in the current dispute between the parties contemplates reliance upon federal law solely for purposes of interpreting the lease. The Motion for Stay Pending Arbitration does not fall within the ambit of that lease provision; therefore, federal law does not apply.

Seven Arrows further urges this Court to pre-empt tribal law. Pre-emption of tribal law is the role of the tribal legislature; this Court cannot and will not adopt federal law absent legislative directive.

Finally, Seven Arrows does not assign error to any trial court findings of fact or conclusions of law. This Court will not review a trial court order to which no error has been assigned. It appears

5 NICS App. 6, SEVEN ARROWS, L.L.C. v. TULALIP TRIBES (July 1997) p. 7

this matter has not yet proceeded to trial. The appeal requested by Seven Arrows, L.L.C. and Grand Casinos, Inc. is, therefore, interlocutory in nature. As indicated in this Court’s previous order of April 15, 1997, absent specific authority from the Tulalip Tribal Council, this Court will not entertain interlocutory appeals.

Therefore, based on the foregoing,

ORDER

It is hereby ordered that Appellant Seven Arrows’ appeal is denied.

It is further ordered that Respondent Tulalip Tribes’ Motion to Dismiss Appeal is granted.

It is further ordered that Appellant Seven Arrows’ Request for Order Setting Briefing Schedule is denied.