|
 |
|
Last updated
February 01, 2010
|
|
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). |
| 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). |
|
|
2009 OPINIONS |
| 1. |
SC-CV-12-08 |
Gene Salt v. Sally Martinez (Jan. 21, 2009) |
| 3. |
SC-CV-52-08 |
Vincent Johnny v. Delores Greyeyes (Feb. 27, 2009) |
| 4. |
SC-CV-12-08 |
Gene Salt v. Sally Martinez (March 5, 2009) |
| 5. |
SC-CV-09-09 |
Dail Cody v. Delores Greyeyes (March 11, 2009) |
| 6. |
SC-CV-51-06 |
Jimmy and Martina Begay v. Lewis and Lorraine King (April 13,
2009) |
| 7. |
SC-CV-12-06 |
John Goldtooth v. Naa Tsis'Aan Community School Inc. (April 16,
2009) |
| 8. |
SC-CV-24-09 |
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) |
| 9. |
SC-CV-49-08 |
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) |
| 10. |
SC-CV-20-09 |
Rodriguez A. Wood v. Window Rock District Court, the Navajo Nation, Real
Party in Interest (July 1, 2009) |
| 11. |
SC-CV-28-09 |
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. |
| 12. |
SC-CV-27-09 |
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). |
| 13. |
SC-CV-34-06 |
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). |
| 14. |
SC-CR-01-09 |
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) |
| 15. |
SC-CV-23-07 |
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) |
| 16. |
SC-CV-30-07 |
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) |
|
|
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 |
|
|
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
|
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
|
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
|
In the Matter of L.R., a Minor v. Delores Greyes |
| 18. |
SC-CV-21-07
|
Bobby Bennett Sr., et al v. Joe Shirley Jr., et al |
| 19. |
SC-CV-62-06
|
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
|
Ernest Tso v. Navajo Housing Authority |
|
|
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
|
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 |
|
|
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. |