12/18/2022 0 Comments Contour day spa hard rock![]() ![]() Religious, educational, recreational, residential, or business purposes.” 25 U.S.C. Leased by the Indian owners, with the approval of the Secretary of the Interior, for public, Provides that “ny restricted Indian lands, whether tribally, or individually owned, may be The statutory authority for these regulations comes in part from 25 U.S.C. Submitted the lease to the Secretary of the Interior for approval, it was never § 162.604(a) (“All leases made pursuant to the regulations in this part shallīe in the form approved by the Secretary and subject to his written approval.”).2Īlthough the chairman of the Seminole Tribal Council, Mitchell Cypress, Period of 7 or more years shall be valid unless that agreement or contract bears theĪpproval of the Secretary of the Interior or a designee of the Secretary.”) 25Ĭ.F.R. § 81(b) (“NoĪgreement or contract with an Indian tribe that encumbers Indian lands for a Lease on the approval of the Secretary of the Interior. Both the regulations and the statute explicitly condition the validity of the The putative lease, even if they had not been expressly incorporated into the lease’s It is undisputed that these regulations, as well as 25 U.S.C. Incorporated by reference the regulations prescribed by the Secretary pursuant to Interior, or her authorized representative (‘the Secretary’).” The lease also is all conditioned upon approval of this Lease by the Secretary of the The Tribe of one or more of the specific warranties, representations, obligations or dutiesĮxpressly assumed by the Tribe under the terms of this Lease.”Ĭase: 11-11997 Date Filed: Page: 4 of 28Įxplicitly conditioned upon approval by the Secretary of the Interior: “The Judgment of the United States District Court for the Southern District of Florida, the CircuitĬourt for the 17th Judicial Circuit in and for Broward County, Florida, and any federal or stateĬourt having appellate jurisdiction thereover” where Contour “alleges a default. Tribe “consents to the jurisdiction of, to be sued in and to accept and be bound by any order or Specifically, the lease provides that if a number of procedural requirements are met, the Lease agreement.1 Most pertinently, however, the entire lease’s validity was In the lease the Tribe expressly waived its sovereign immunity concerningĪny lawsuits Contour might bring based on the Tribe’s default or breach of the Lease that provided for an initial period of ten years followed by four renewal In the Hard Rock from May 2004 through March 2010 pursuant to a long-term The Seminole Tribe of Florida is aįederally recognized Indian tribe that owns and operates the Seminole Hard Rock Unavailable because it is grounded on a waiver provision contained within a leaseĪgreement that is wholly invalid as a matter of federal law.īecause we are reviewing the district court’s order granting the tribalĭefendants’ motions to dismiss, we take as true the facts as alleged in Contour’sĬomplaint and attached exhibits. Finally, the equitable estoppel claim isĬase: 11-11997 Date Filed: Page: 3 of 28 As for Contour’s Indian Civil Rights ActĬlaim, it must fail because the Supreme Court has already held that Indian tribesĪre immune from suit under the statute. Immunity is of a far different character than a state’s Eleventh Amendment Posture of Lapides are absent here, and because an Indian tribe’s sovereign The problems of inconsistency and unfairness that were inherent in the procedural ![]() ![]() The district court rejected all three arguments, and we now affirm. Implied cause of action under the Indian Civil Rights Act and finally, ContourĪrgues that principles of equitable estoppel prevent the Tribe from asserting 613 (2002) Contour also says that Congress has authorized its suit by creating an Waiver of the Tribe’s immunity, relying on the Supreme Court’s EleventhĪmendment case of Lapides v. Lack of subject matter jurisdiction on account of the Tribe’s sovereign immunity.Ĭontour offers three reasons to avoid immunity: first, and most basic, ContourĬlaims that the Tribe’s removal of this case to federal court constitutes a voluntary (“Contour”) and the Seminole Tribe of Florida (“the Tribe”) that turned sour.Ĭontour appeals from a district court order dismissing its Amended Complaint for This case arises out of a leasing agreement between Contour Spa Honorable Orinda Evans, United States District Judge for the Northern District ofĬase: 11-11997 Date Filed: Page: 2 of 28 Case: 11-11997 Date Filed: Page: 1 of 28Īppeal from the United States District Courtīefore MARCUS and BLACK, Circuit Judges, and EVANS,* District Judge. ![]()
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