Loyal Shawnee Cultural Center, Inc. v. Peace Pipe, Inc., (2008)

• Decision Date: 04 April 2008
• Docket Number: SC 2007-17
• Parties: THE LOYAL SHAWNEE CULTURAL CENTER, INC., PLAINTIFF/APPELLANT v. PEACE PIPE, INC., DEFENDANT/APPELLEE
• Court: Judicial App Tribunal Court Cherokee Nation

THE LOYAL SHAWNEE CULTURAL CENTER, INC., PLAINTIFF/APPELLANT v. PEACE PIPE, INC., DEFENDANT/APPELLEE

No. SC 2007-17

Supreme Court of the Cherokee Nation

April 4, 2008

ON APPEAL FROM CHEROKEE NATION DISTRICT COURTCASE NO. CV 2005-52

Before: Darrell R. Matlock, Jr., Chief Justice, Darrell R Dowty, Justice, James G. Wilcoxen, Justice, Kyle B. Haskings Justice, Troy Wayne Poteete, Justice

OPINION

CHIEF JUSTICE DARELL R. MATLOCK, JR.

DISTRICT COURT'S GRANTING DEFENDANT/APPELLEE'S MOTION FOR SUMMARY JUDGMENT IS AFFIRMED

NOW on this 3rd day of April, 2008, the Plaintiff/Appellant's petition for appellant review of the District Court's judgment entered by the Honorable Bart Fite, on the 8th day of May, 2007, in District CourtCase No. CV-2005-52 granting the Defendant/Appellee's Motion for Summary Judgment comes on for review.

Jurisdiction

This Court has jurisdiction in these proceedings pursuant to Article VIII of The Constitution of the Cherokee Nation of 1999 and Title 20 Section 51 of the Cherokee Nation Code Annotated.

Standard of Review

The Appellate standard of review of a trial court's grant of summary judgment is de novo.

Case Procedural History

1.The Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc. filed its amended petition for breach of contract on the 30th day of September, 2005, against the Defendant/Appellee, Peace Pipe, Inc., alleging among other things that the Defendant/Appellee failed to pay to the Plaintiff/Appellant monies due it under a contract wherein the parties were co-lessees concerning a smoke shop.

2.The Defendant/Appellee, Peace Pipe, Inc., filed its answer to the Plaintiff/Appellant's amended petition on October 19 2005, denying all allegations of the Plaintiff/Appellant's amended petition admitting that Defendant/Appellee, Peace Pipe, Inc., was in the business of operating smoke shops under a license granted by the Cherokee Nation, and, setting forth the affirmative defenses of Failure of Consideration, Statute of Frauds, Statute of Limitations, Waiver Estoppel and Laches.

3.The Defendant/Appellee, Peace Pipe, Inc., filed its Motion for Summary Judgment and combined Brief in Support on March 15, 2007.

4.The Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc., filed its Response to Defendant's Motion for Summary Judgment and Plaintiff's Brief in Support on April 4, 2007.

5.The trial court entered its order granting the Defendant/Appellee's Motion for Summary Judgment on May 8, 2007, from which this appeal is commenced.

6.The Plaintiff/Appellant timely filed its appeal with this Court on May 16, 2007 setting forth that the trial Court erred in granting the Defendant/Appellee's Motion for Summary Judgment.

Review of the Evidentiary Record

This Court determines there is no dispute of the following material facts of the case.

1.The Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc., is a corporation formed pursuant to the laws of the Cherokee Nation in 1994.

2.The Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc. has at all times herein been in good standing as defined by the laws of the Cherokee Nation.

3.Don Greenfeather was an original incorporator of the Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc., and, president of said corporation in 1994 and at all times herein.

4.Don Greenfeather signed all documents for the Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc. concerning the business relationship with the Defendant/Appellee, Peace Pipe, Inc.

5.Don Greenfeather was chairman of the Loyal Shawnee Tribe in 1994 and until 1999.

6.The Loyal Shawnee Tribe was not federally recognized in 1994.

7.The Loyal Shawnee Tribe gained federal recognition in the year 2000.

8.The Defendant/Appellee, Peace Pipe, Inc. is a corporation organized under the laws of the State of Delaware.

9.Joseph C. Lane is and was the President of Peace Pipe, Inc. at all times herein.

10.Defendant/Appellee, Peace Pipe, Inc. and the Loyal Shawnee Tribe entered into an agreement dated October 27, 19993 concerning the operation of smoke shops and in particular a smoke shop to be located on the restricted allotment property of Annie Dick, deceased, full blood Cherokee.The agreement was signed on behalf of the Loyal Shawnee Tribe of Indians by Don Greenfeather, and, on behalf of Peace Pipe, Inc. by Joe C. Lane.The agreement is not ambiguous on its face or by its terms.

11.Defendant/Appellee, Peace Pipe, Inc. and the Loyal Shawnee Cultural Center, a Cherokee Tribally chartered corporation signed a U.S. Department of the Interior, Bureau of Indian Affairs, Business Lease as "Lessees" dated October 1, 1994 concerning the restricted allotment of Annie Dick, deceased, a full blood Cherokee for the purpose of operating a smoke shop, tobacco resale.The lease was signed, on behalf of The Loyal Shawnee Cultural Center, a Cherokee Tribally chartered corporation by Don Greenfeather, and, on behalf of Peace Pipe, Inc. a Delaware corporation by Joe C. Lane.The lease agreement is neither ambiguous on its face or by its terms.

12.The initial lease agreement dated October 1, 1994 has at various times been renewed.

13.Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc. wrote a demand letter to the Defendant/AppelleePeace Pipe, Inc. dated May 17, 2005 which in effect directed the Defendant/Appellee to pay monies due under the agreement dated October 27, 1993 to The Loyal Shawnee Cultural Center, Inc.This letter demand was the only written demand for payment presented to the Defendant/Appellee, Peace Pipe, Inc. by the Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc.

14.The Defendant/Appellee, Peace Pipe, Inc. paid monies due, under the agreement dated October 27, 1993 between and signed by Defendant/Appellee, Peace Pipe, Inc. and the Loyal Shawnee Tribe, to the Loyal Shawnee Tribe from the inception of the contractual obligation on October 17, 1993 to May 17, 2005.

15.The Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc., knew the Defendant/Appellee, Peace Pipe, Inc. was making payments under the agreement dated October 27, 1993 to the Loyal Shawnee Tribe.

16.The Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc., has never received any money payments from the Defendant/AppelleePeace Pipe, Inc.

17.The Plaintiff/Appellant, The Loyal Shawnee Cultural Center, Inc., has received benefit from the Loyal Shawnee Tribe by reason of the payments of monies made to the Loyal Shawnee Tribe by the Defendant/Appellee, Peace Pipe, Inc. under the agreement dated October 27, 1993.

Discussion

This Court by de novo review determined whether or not there are disputed material factual questions, and, whether the Defendant/Appellee was entitled to judgment as a matter of law under the undisputed facts before the trial court at the time of granting of the summary judgment.This method...