9 NICS App. 48, TULALIP TRIBES PROSECUTOR v. LENA HAMMONS (January 2010)

IN THE TULALIP TRIBAL COURT OF APPEALS

TULALIP INDIAN RESERVATION

TULALIP, WASHINGTON

Tulalip Tribes Prosecutor, Appellant,

v.

Lena Hammons, Appellee.

No. TUL-CV-GA-2009-0381 (January 25, 2010)

SYLLABUS*

Gaming Court issued order denying petition to revoke gaming license of tribal gaming director. Court of Appeals holds tribal gaming ordinance precludes appellate review of Gaming Court decisions. Appeal dismissed.

Before:            Jane M. Smith, Chief Justice; Daniel A. Raas, Associate Justice; John Sledd, Associate Justice.

OPINION

This matter comes before the Tulalip Tribal Court of Appeals upon the filing of a Notice of Appeal on November 20, 2009. Appellant alleges that the Court erred when it refused to revoke Appellee’s gaming license.

JURISDICTION

The Court of Appeals does not have authority to hear this matter pursuant to Ordinance 55 of the Tulalip Law & Order Code. Ordinance 55, Section 4.e.13 states

Decision. (a) The decision of the Tribal Gaming Court shall be in writing, shall state the reasons for the decision, and shall be final and not subject to further appeal to the Tulalip Tribal Court of Appeals or otherwise. Emphasis added.

Appellant has not shown cause for this Court to declare an exception to this law.

9 NICS App. 48, TULALIP TRIBES PROSECUTOR v. LENA HAMMONS (January 2010) p. 49

ORDER

We decline to accept this case for review and Dismiss the Appeal.


*

The syllabus is not a part of the Court’s Opinion.  The syllabus is a summary of the Opinion prepared by the publishers of this reporter only for the convenience of the reader.  Therefore, the syllabus should not be cited in whole or part as legal authority.  Only the Opinion, which follows the syllabus, may be cited as legal authority.