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Last updated
August 10, 2010
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2010 OPINIONS |
| 1. |
SC-CV-40-07 |
Ruby D. Watson,
Petitioner-Appellant v. Eddie Paul Watson, Respondent-Appellee.
In this matter concerning child support and alimony arrearages awarded
in 1988, the Court held that the claims for both child support and
alimony arrearages are barred by laches, and affirmed the decisions of
the Family Court to deny Appellant's request that Appellee obtain life
insurance to cover arrearages, and to reduce future spousal maintenance.
The parties are elderly and at the time of the award, their children had
not been minors, but had been attending high school. The Court
discussed the evolution of Navajo Nation child support and alimony law.
The Court addressed Appellant's 13 year delay in seeking enforcement,
the age of the children at the time of the award, property and
possessions left for Appellant and the children
as traditional law dictates, and Appellee's arrangements for Appellant
to receive one-half of his retirement benefits. Discussing the Child
Support Enforcement Act, the Court stated that the CSEA tolls the
statute of limitations only from birth to the age of 18.
The Court addressed the concept of finality in cases of divorce, stating
that Navajo traditional law teaches the principle that once a couple
divorces, each must live their separate lives. The Court also
addressed traditional concepts of property and support in affirming the
Family Court's decision to apply one-half the value of the JUA home
toward arrearages. Finally, the Court stated
that the request to secure life insurance is a
bilagaana
way of making arrangements for paying a debt. To demand such a
remedy in the
Diné perspective is
Dine biz nfdizin,
wishing ill-will or early death on an individual, and offensive to the
values and custom of the Diné. (December 14, 2009, recon.
January 21, 2010).
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| 2. |
SC-CV-06-07 |
Shirley M. Leonard,
Appellant v. Willis Begay, Jr., Appellee,
Appellant won a small
claims judgment in the Chinle Court. Having won an award,
Appellant sought and was denied reconsideration to increase the award to
include items not previously listed. In its opinion, the Supreme Court
stated that the rule is clear that there is no right to an appeal of a
small claims judgment except where "substantial justice has not been
done." Mere dissatisfaction with a judgment does not meet the
requirement. (January 26, 2010).
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| 3. |
SC-CV-50-07 |
In the Matter of a
Certified Question From the Crownpoint Court and Concerning the Case of
DD, a Minor, The Court answers a certified question from the
Crownpoint Court concerning two conflicting provisions of the Children's
Code regarding when the Family Court's jurisdiction over a child
terminates. The Court holds that 9 NNC 1055(C)(1) is superseded by 9 NNC
1156(H) due to its mandatory language, which states that "[w]hen a child
reached the age of 18 years, all judgments affecting the child then in
force automatically terminate." (March 2, 2010).
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| 4. |
SC-CV-44-07 |
Milton J. Yazzie,
Petitioner-Appellant v. Tooh Dineh Industries, Inc., Respondent-Appellee, The Court issues an Opinion Denying
Reconsideration in an appeal from a
decision of the Navajo Nation Labor Commission.
(April 6, 2010).
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| 5. |
SC-CV-52-09 |
Bridgette Grass,
Petitioner-Appellee v. Chee Phillip Yazzie,
Respondent-Appellant, The Court remands a matter concerning the trial
court's use and disclosure of in camera testimony of minor children in
the modification of a child custody provision of a prior decree.
(May 12, 2010)
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| 6. |
SC-CV-02-10
(First Opinion) |
Shirley v. Morgan, an
appeal from the decision of the Window Rock District Court
concerning the enactment of Resolution CO-41-09 which placed President
Joe Shirley, Jr. on administrative leave on October 26, 2009. The
Court upholds the district court's declaration that the resolution is
null and void, but on different grounds. The Court further
invalidates Resolution CJA-08-10 (enacting the Foundation of the
Diné, Diné Law and Diné
Government Act of 2009) and issues a clarifying opinion affirming
that government power comes from the People. On June 2, 2010, the
Court made several non-substantive changes and re-issued the opinion
with an Order of Correction. (Corrected June 2, 2010,
effective May 28, 2010; Order of Correction, June 2, 2010).
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| 7. |
SC-CV-03-10
(Corrected) |
Nelson v. Initiative Committee to Reduce Navajo Nation Council and Dr.
Joe Shirley,
an
appeal from the decision from the Office of Hearing and Appeals
concerning a voter's challenge to the Reduction
in Council Initiative. The Court upholds the dismissal of the
Office of Hearings and Appeals. The Court further issues a
clarifying opinion in order to give finality to issues relating to the
Initiative Election.
On June 2, 2010, the Court made two minor non-substantive corrections
and re-issued the opinion with an Order of Correction. (Corrected June 2, 2010,
effective May 28, 2010; Order of Correction, June 2, 2010).
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| 8. |
SC-CV-04-10 |
Shaw v. Shiprock District Court,
an application for a Writ of Prohibition or in the alternative, a Writ
of Superintending Control filed against the Shiprock Family Court (SRFC)
to prohibit the enforcement of a pro bono appointment. The Court makes
permanent the writ and vacates the SRFC's order of appointment and
ORDERS the Office of Pro Bono Service shall require of the District
Court Administrator to submit a copy of the indigency assessment made by
the Office of Probation and Parole Service before the name of the next
eligible counsel is provided to the court.
(June 11, 2010)
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| 9. |
SC-CV-19-10 |
Sandra Oliver v. Judy Apache, an appeal of a small claims
judgment. The Court denied the appeal for failure to file a
transcript and clarified that hearing such appeals is discretionary with
the Court under Rule 20 of the Navajo Rules for Small Claims
Proceedings, there is no right to an appeal of a small claims judgment
except where "substantial justice has not been done."
(June 17, 2010)
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| 10. |
SC-CV-26-10 |
Navajo Nation Dept of Justice, on behalf of the Commission of
the Nahata'Dziil Chapter v. Arnold Begay, a petition for a Writ of
Mandamus filed directly to the Supreme Court by the central government
to compel a local official to perform statutory duties. The Court
summarily dismissed the petition, clarifying that such a writ must first
be sought in the lower courts.
(June 17, 2010)
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| 11. |
SC-CV-02-10 (Second Opinion) |
On June 17, 2010, Appellants' filed a Petition for Reconsideration in
Shirley v. Morgan. The
Court denies Appellants' Petition for Reconsideration. However, in
response to Appellants' assertion that the status of amendments
impacting governmental structure enacted
since the Title II Amendments of 1989 is unclear, the Court provides
clarification of the status of these amendments in an Opinion and
Order on Reconsideration. (July 16, 2010). |
| 12. |
SC-CV-37-10
(Formal Opinion, corrected) |
Todacheene v.
Shirley; Shirley v. NEA, an appeal of the decision of
the Office of Hearings and Appeals. This is a consolidated case. The Court
affirms the decision
of the Office of Hearing and Appeals that Dr. Joe Shirley, Jr., cannot
run as a candidate for the Office of Navajo Nation President in the
upcoming 2010 elections. The
Court also affirms the decision of the Navajo Nation Election
Administration that 2 N.N.C §1002 (D) prohibits Presidential candidates
from running for a third consecutive term.
A short order was issued immediately following oral argument on
July 9, 2010. The Court issued its formal opinion stating the reasons for the Court's decision
on July 30,
2010. On August 2, 2010, the Court issued an
Order of
Correction making several non-substantive typographical changes.
The Opinion published conforms to the Court's correction order. (July
30, 2010, corrected August 2, 2010, effective July 9, 2010).
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2009 OPINIONS |
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1.
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SC-CV-12-08
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Gene Salt v. Sally
Martinez (Jan. 21, 2009)
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2.
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SC-CV-52-07
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Winifred Hall f/k/a
Winifred Watson v. Roy Watson
(Feb. 24, 2009);
Amending Opinion
(April 22, 2009)
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3.
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SC-CV-52-08
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Vincent Johnny v. Delores
Greyeyes (Feb. 27, 2009)
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4.
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SC-CV-12-08
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Gene Salt v. Sally
Martinez (March 5, 2009)
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5.
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SC-CV-09-09
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Dail Cody v. Delores
Greyeyes (March 11, 2009)
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6.
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SC-CV-51-06
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Jimmy and Martina Begay
v. Lewis and Lorraine King
(April 13, 2009)
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7.
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SC-CV-12-06
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John Goldtooth v. Naa
Tsis'Aan Community School Inc.
(April 16, 2009)
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8.
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SC-CV-24-09
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In the Matter of the
Navajo Nation Election Administration's
Determination of Insufficiency Regarding Two
Initiative Petitions Filed by Navajo Nation
President Dr. Joe Shirley, Jr., Dr. Joe
Shirley Jr. President v. Office of Hearing
and Appeals; Initiative Petition Committee,
Real Party in Interest (June 22, 2009)
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9.
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SC-CV-49-08
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In the Matter of the
Estate of Nat D. Benally, Decedent, Lucinda
Henry, Administratrix v. Donald Kee, Ida Mae
Sandoval, and Daniel Kee
(June 25, 2009)
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10.
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SC-CV-20-09
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Rodriguez A. Wood v.
Window Rock District Court, the Navajo
Nation, Real Party in Interest (July 1, 2009)
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11.
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SC-CV-28-09
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In the Matter of the
Navajo Nation Election Administration's
Determination of lnsufficiency Regarding Two
Initiative Petitions Filed by Navajo Nation
President Dr. Joe Shirley, Jr.,
The Navajo Election Administration,
Respondent-Appellant v. Dr. Joe Shirley,
Jr., Designated Representative For the
Initiative Petition Committee, Petitioner-Appellee
(July 30, 2009). The Navajo Election
Administration appealed a final decision of
the Office of Hearings and Appeals that
concluded initiative petitions filed by the
Initiative Petition Committee -- to reduce
the Navajo Nation Council from 88 to 24
members and whether to give the President
line item veto authority -- were sufficient.
The Supreme Court affirms the lower
administrative agency's determination of
sufficiency. (July 30, 2009);
recon. den.,
Sept 2, 2009. See also
July 7, 2009 Order
for Expedited Review.
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12.
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SC-CV-27-09
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Veronica Wauneka,
Appellant, v. Navajo Department of Law
Enforcement Appellee. The Court has
reconsidered its Order of Dismissal,
remarking on the need to clarify Rule
9(a)(2) of the Navajo Rules of Civil
Appellate Procedure (NRCAP), and holds that
from here on, parties have the affirmative
duty to notify the Supreme Court and the
other parties in a case that it has filed
for an extension in the lower tribunal and
whether an extension has been granted. (Aug
12, 2009).
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13.
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SC-CV-34-06
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Larry Tsosie,
Petitioner-Appellant, v. Central
Consolidated School District, No. 22,
Respondent-Appellee.
Taking judicial notice that a system of
separate term contracts for administrators
and teachers has been in use for many years
and has been applied by public schools on
the Navajo Nation long before the enactment
of the NPEA, the Court affirms the NNLC's
dismissal of the claim on the grounds that
the non-renewal of a contract that expired
on its own terms is not "adverse action" and
the employer is not required to show "just
cause" in its decision not to renew the
contract. (Aug 12, 2009).
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14.
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SC-CR-01-09
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Navajo Nation, Appellant
v. Aaron John, Appellee.
The Court issued an Order Denying Motion
Opposing the Appeal of a Window Rock
District Court decision, holding that there
are two pre-requisites for appeal: (1) the
notice of appeal must be filed within 30
days of the judgment; and (2) the five-day
ruling period for a district court judge to
act on a motion for reconsideration must
have expired. (October 30, 2009)
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15.
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SC-CV-23-07
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Iris Shirley Begaye,
Petitioner-Appellee v. Navajo Nation
Environmental Protection Agency, Air and
Toxics Dept., Respondent-Appellant, a matter regarding alleged violations of the
Navajo Nation Personnel Policies Manual.
The Court reversed dismissal of the matter
below by OHA. The Court concluded that
an amended notice of termination issued 13
days after the initial notice violated
Begaye's rights, and addressed certain
mandates of the Personnel manual, including
disciplinary action for similar violations.
(Nov 30, 2009)
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16.
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SC-CV-30-07
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Bernice Smith,
Petitioner-Appellee v. Michael Kasper,
Respondent-Appellant, a domestic abuse matter involving a
child,where a DAPO was issued and custody
assigned to one parent for five years.
Finding that a custody assignment of five
years amounts to a permanent change of
custody requiring a higher burden of proof
than a temporary custody assignment pursuant
to a DAPO that is issued for protection
purposes, the Court affirmed issuance of the
DAPO but remanded the matter to the Dilkon
Family Court for, inter alia,
amendment to the custody assignment portion
of the DAPO. (December 2, 2009)
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2008 OPINIONS |
| 1. |
SC-CV-04-08 |
Willie Edward Miles v. Chinle Family Court and Concerning Bertha James
Miles, Real Party in Interest |
| 2. |
SC-CV-03-08 |
In the Matter of N.B., a Minor v. Delores Greyeyes |
| 4. |
SC-CV-36-06 |
Harvey & Susan Gishie v. Eulah Morris, et al |
| 5. |
SC-CV-41-08 |
In the Matter of Two Initiative Petitions Filed by Navajo Nation
President Joe Shirley, Jr., corrected July 22, 2008, effective July 18,
2008. |
| 6. |
SC-CV-46-05 |
Green Tree Servicing LLC v. Georgiana N. Duncan |
| 9. |
SC-CV-19-07 |
Johnny Charley and Fannie Looking Glass v. Irene Benally, et al |
| 10. |
SC-CV-33-07 |
Ford Motor Company v. Kayenta District Court and Concerning Joe and Mary
Todecheene, Real Parties in Interest |
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2007 OPINIONS |
| 1. |
SC-CV-63-06 |
Nina Zuni v. Chinle Family Court and concerning the Navajo Nation |
| 2. |
SC-CV-55-05 |
Dan Bradley v. Lake Powell Medical Center |
| 3. |
SC-CV-48-05 |
Bernice Casaus v. Dine College as revised per March 17, 2007 Order of
Correction |
| 4. |
SC-CV-09-07 |
In the Matter of M.G., a Minor v. Delores Greyeyes;
recon. den.
May 17, 2007 |
| 5. |
SC-CV-44-06 |
Navajo Transport Services, Inc., et al v. Charles Schroeder, et al |
| 6. |
SC-CV-30-06 |
Marlene Thomas v. Chinle Chapter, Division of Community Development |
| 7. |
SC-CV-32-05
(Corrected) |
Sherwood
“Woody” Moore v. BHP Billiton |
| 8. |
SC-CV-01-07 |
In the Matter of the Grievance of Laverne Wagner and Concerning Leonard
Tsosie |
| 9. |
SC-CV-39-04 |
Sista Riggs v. Estate of Tom Attakai |
| 10. |
SC-CV-37-05
SC-CV-42-05 |
In the Matter of the Termination of Alfred Yazzie and Alfred Barney, et
al, v. Division of Community Development, Local Governance Support
Center |
| 11. |
SC-CV-16-06 |
Kevin Yazzie v. Navajo Sanitation |
| 12. |
SC-CV-09-06 |
Richard Wirtz, Jr. v. Patricia A. Black |
| 13. |
SC-CV-47-06 |
Frederica J. Martinez v. Sage Memorial Hospital, Richie Nez |
| 14. |
SC-CV-25-06
SC-CV-26-06 |
Leonard Thinn v. Navajo Generating Station et al |
| 15. |
SC-CV-12-07
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Jackie Johnson and Heather Nicholl v. Tuba City District Court and
concerning Louise Yellowman, Real Party in Interest |
| 16. |
SC-CV-53-06
SC-CV-54-06
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Cedar Unified School District v. Navajo Nation Labor Commission and
Concerning Helena Hasgood, et al, Real Parties in Interest; Red Mesa
School District v. Navajo Nation Labor Commission and Concerning Sara
Yellowhair, Real Party in Interest |
| 17. |
SC-CV-39-07
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In the Matter of L.R., a Minor v. Delores Greyes |
| 18. |
SC-CV-21-07
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Bobby Bennett Sr., et al v. Joe Shirley Jr., et al |
| 19. |
SC-CV-62-06
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Marilyn Joe, individually and as mother and natural guardian of Mario
Nelson, Jr., as surviving child and heir at law of Mario Nelson, Sr.,
deceased v. Roy Black, et al |
| 20. |
SC-CV-20-06
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Ernest Tso v. Navajo Housing Authority |
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2006 OPINIONS |
| 1. |
SC-CV-63-05 |
Budget and
Finance Committee of the Navajo Nation Council v. Navajo Nation Office
of Hearings and Appeals and concerning Johnny Livingston and Edward
Carlisle, Real Parties in Interest |
| 2. |
SC-CV-11-05 |
Ronald
Hood v. Navajo Nation Department of Headstart, Lolita Q. Ellsworth |
| 3. |
SC-CR-06-05 |
Navajo
Nation v. Ryan Badonie |
| 4. |
SC-CV-31-06 |
John A.
Milligan v. Navajo Tribal Utility Authority |
| 5. |
SC-CV-04-06 |
Myron
Seaton v. Delores Greyeyes |
| 6. |
SC-CV-53-05 |
Navajo
Housing Authority, Tohatchi Housing Management Office v. Lewis and
Berdie Clark |
| 7. |
SC-CV-65-05 |
Dorothy Begay v. Philbert Begay |
| 8. |
SC-CV-40-05 |
In the Matter of the Estate of Amy Kindle |
| 9. |
SC-CV-11-06 |
In the Matter of the Recall Petition
Challenge by Anderson H. Morgan, Sr. |
| 10. |
SC-CV-50-90;
SC-CV-62-00
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Lita Manygoats v. Cameron Trading Post |
| 11. |
SC-CV-21-06 |
Ann Thompson v. Larry Kee Yazzie |
| 12. |
SC-CV-45-05 |
In the Matter of the Marriage of Lilirae
Smith and Leonard C. Begay, Sr. |
| 13. |
SC-CR-04-05 |
Navajo Nation v. James Kelly |
| 14. |
SC-CV-50-05 |
Melinda Perry v. Navajo Nation Labor
Commission |
| 15. |
SC-CV-32-06 |
In the Matter of the Appeal of Vern Lee |
| 16. |
SC-CV-20-06 |
Ernest Tso v. Navajo Housing Authority, et
al. |
| 17. |
SC-CV-41-05 |
Harrison Toledo v. Basha's Diné Market |
| 18. |
SC-CV-22-06 |
Navajo Nation Department of Child Support
Enforcement v. Navajo Nation Labor Commission, and concerning Evangeline
Logg |
| 19. |
SC-CV-67-05 |
Milton J.
Yazzie v. Tooh Dineh Industries |
| 20. |
SC-CV-29-05 |
Bobby Rico
v. Western Technologies |
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Opinions prior to 2006 are not available
on this website.
Opinions from 1969 - 2005 may be found
in Volumes 1-8 of the Navajo
Nation Reporter.
All opinions are further available on VersusLaw and Westlaw subscription
services. |