The Montana Supreme Court restored a grievance brought by 2 oil business versus a mineral business after a lower court incorrectly discovered it was entitled to sovereign resistance as an arm of the Assiniboine and Sioux Tribes.
While stopping brief of embracing a bright-line guideline of disallowing an entity included under state law from declaring tribal sovereign resistance, the bulk concurred with Lustre Oil Co. and Erehwon Oil & & Gas’ contention that the lower court did not correctly weigh appropriate jurisdictional elements when it concluded that A&S Mineral Advancement Co. was entitled to sovereign resistance.