Cass County v. United States

570 F.2d 737
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 14, 1978
DocketNo. 77-1523
StatusPublished
Cited by15 cases

This text of 570 F.2d 737 (Cass County v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cass County v. United States, 570 F.2d 737 (8th Cir. 1978).

Opinion

WEBSTER, Circuit Judge.

Appellants, political subdivisions of the State of Minnesota, brought an action against the United States and the Secretary of the Interior, the State of Minnesota, Itasca and Beltrami Counties, the Minnesota Chippewa Tribe, and the Leech Lake Band of Chippewa Indians under the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., seeking a declaration as to the relative governmental rights of the respective parties over territory known as the “Leech Lake Reservation.” The District Court1 dismissed the action “because the complaint does not allege any facts that indicate existence of a controversy sufficiently ripe to be the basis of a decision.”2 We affirm.

The complaint filed by the appellant counties in the action below alleges that government in this territory has become confused because conflicting claims of jurisdiction are asserted over the land. Although certain examples are set forth that suggest the type of problem involved, these are all pleaded in very general terms with[739]*739out specificity as to time, place, or persons involved.3 The prayer for relief asks

[f]or a judgment declaring and adjudicating the respective rights and duties of plaintiff and defendant to the lands and waters of the territory designated as “Leech Lake Reservation”, and further declaring that plaintiffs [sic] have the sole and exclusive governmental authority over such territory in conjunction with the State of Minnesota and the United States, and further declaring that the Leech Lake Band of Chippewa Indians as the Minnesota Chippewa Tribe, Inc. have no authority of self-government or judicial rights of enforcement for laws or regulations of Indians within the “Leech Lake Reservation”.

In response to the complaint, the various defendants filed motions to dismiss the action which were granted by the District Court. Similarly, a motion of the appellant counties to reconsider the order or for leave to amend the complaint was denied. Appellants appeal from these orders.

The basis of the District Court’s decision, and the issue before this Court, is whether a “controversy” within the meaning of the Declaratory Judgment Act and Article III of the Constitution exists on the basis of the complaint as written. “The courts of the United States do not sit to decide questions of law presented in a vacuum but only such questions as arise in a ‘case or controversy.’ ” C. Wright, Law of Federal Courts § 12 at 38 (3d Ed. 1976). The statutory standard for determining whether or not a controversy exists is the same as that under the Constitution. Aet-na Life Insurance Co. v. Haworth, 300 U.S. 227, 239-40, 57 S.Ct. 461, 81 L.Ed. 617 (1937); Allen v. Likins, 517 F.2d 532, 534 (8th Cir. 1975); Sherwood Medical Industries, Inc. v. Deknatel, Inc., 512 F.2d 724, 726 (8th Cir. 1975).

The decisions of the Supreme Court have developed a definition of “controversy” that must be applied to the facts of this appeal. In Aetna Life Insurance Co. v. Haworth, supra, 300 U.S. at 240-41, 57 S.Ct. at 464, the Court said,

A “controversy” in this sense must be one that is appropriate for judicial determination. A justiciable controversy is thus distinguished from a difference or dispute of a hypothetical or abstract character; from one that is academic or moot. The [740]*740controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests. It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts, (citations omitted)

The difficulty in applying this definition was noted in Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273, 61 S.Ct. 510, 512, 85 L.Ed. 826 (1941).

The difference between an abstract question and a “controversy” contemplated by the Declaratory Judgment Act is necessarily one of degree, and it would be difficult, if it would be possible, to fashion a precise test for determining in every case whether there is such a-controversy. Basically, the question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.

These two formulations have been cited and followed in this Circuit. See Allen v. Likins, supra, 517 F.2d at 534; Sherwood Medical Industries, Inc. v. Deknatel, Inc., supra, 512 F.2d at 727; St. Louis, Missouri, Paper Carriers Union No. 450 v. Pulitzer Publishing Co., 309 F.2d 716, 718 (8th Cir. 1962).

Similarly it is often expressed that federal courts will not render advisory opinions even in actions seeking declaratory judgments.

[T]he federal courts established pursuant to Article III of the Constitution do not render advisory opinions. For adjudication of constitutional issues, “concrete legal issues, presented in actual cases, not abstractions,” are requisite. This is as true of declaratory judgments as any other field.

Golden v. Zwickler, 394 U.S. 103, 108, 89 S.Ct. 956, 959, 22 L.Ed.2d 113 (1969) (brackets in original), citing United Public Workers v. Mitchell, 330 U.S. 75, 89, 67 S.Ct. 556, 91 L.Ed. 754 (1947). See Muskrat v. United States, 219 U.S. 346, 362, 31 S.Ct. 250, 55 L.Ed. 246 (1911).

In order to present a “controversy,” a question must not be abstract but must define an issue which is concrete and specific. In United States v. Fruehauf, 365 U.S. 146, 81 S.Ct. 547, 5 L.Ed.2d 476 (1961), the issue was whether a loan to a union official by a corporation violated the prohibitions of § 302 of the Labor Management Relations Act. The Court noted that the question on appeal appeared to have become whether any loan comes within the prohibitions of the statute. 365 U.S. at 157, 81 S.Ct. 547. In that posture the Court felt that a decision could not be rendered.

We do not reach that question on this appeal. For we cannot but regard it— abstracted as it has become, in the course of these proceedings, from the immediate considerations which should determine the disposition of appellees’ motions to dismiss an indictment incontestably valid on its face — as other than a request for an advisory opinion.

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Cass County v. United States
570 F.2d 737 (Eighth Circuit, 1978)

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570 F.2d 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cass-county-v-united-states-ca8-1978.