High Elk v. Veit

Cheyenne River Sioux Tribal Court of Appeals

High Elk v. Veit

6 Am. Tribal Law 73

CourtCheyenne River Sioux Tribal Court of Appeals

DecidedJanuary 5, 2006

DocketNo. 05-008-A

StatusPublished

This text of 6 Am. Tribal Law 73 (High Elk v. Veit) is published on Counsel Stack Legal Research, covering Cheyenne River Sioux Tribal Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

High Elk v. Veit, 6 Am. Tribal Law 73 (cheyrsiouxctapp 2006).

Pincite

Opinion

ORDER

PER CURIAM.

Oral argument in this interlocutory appeal was heard on January 4, 2006. Due to the fact that this case is scheduled for a trial on the merits on January 26, 2006 thereby creating a substantial risk that the resulting decision of that trial will effectively moot the decision on the interlocutory issue before this Court, the Court issues the following order to take immediate effect. A full and complete opinion will be forthcoming at a later date.

The trial court’s order of October 3, 2005 is vacated in all respects that require the “Kellers” to pay into an “escrow account” monies due and owing to Paul High Elk, Clara High Elk, and Codi American Horse. Any money currently in such “escrow account” shall be immediately released to Paul High Elk, Clara High Elk and Codi American Horse.

The order requiring these payments into “escrow” was issued without adequate legal authority, violated the due process rights of the Appellants, and is contrary to Dakota tradition,

IT IS SO ORDERED.

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