Schmit v. International Finance Management Co., 91-3013
| Citation | 980 F.2d 498 |
| Decision Date | 20 November 1992 |
| Docket Number | No. 91-3013,91-3013 |
| Parties | Loran SCHMIT, Appellant, v. INTERNATIONAL FINANCE MANAGEMENT COMPANY; The Estate of John L.A. Bond; Investment Finance Management Company, Inc., a Florida Corporation, Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Clarence E. Mock, Oakland, Neb., for appellant.
Patricia Lamberty, Omaha, Neb., and Stanley Munger, Sioux City, Iowa, for appellees.
Before FAGG, BOWMAN, and WOLLMAN, Circuit Judges.
Loran Schmit appeals the district court's order dismissing his 25 U.S.C. § 81 (1988) action for lack of standing. We affirm.
Schmit contends the appellees violated § 81 by contracting with the Winnebago Indian Tribe to operate Winn-A-Bingo bingo halls on tribal land without first obtaining approval from the Secretary of the Interior. The district court dismissed the action for lack of standing because Schmit did not allege injury and was not within the zone of interests protected by § 81.
Standing is a threshold issue, and Schmit must fulfill standing requirements to bring this action. See Warth v. Seldin, 422 U.S. 490, 498-502, 95 S.Ct. 2197, 2204-2207, 45 L.Ed.2d 343 (1975). Title 25 U.S.C. § 81 "was enacted solely for the protection and benefit of Indians." United States ex rel. Shakopee Mdewakanton Sioux Community v. Pan Am. Management Co., 616 F.Supp. 1200, 1208 (D.Minn.1985), appeal dismissed, 789 F.2d 632 (8th Cir.1986). Schmit, a nonIndian, has alleged no injury from the appellees' contract with the Winnebago Indian Tribe and is not within the zone of interests protected by § 81. See id. at 1207-08; Enterprise Management Consultants, Inc. v. United States, 685 F.Supp. 221, 222-23 (W.D.Okla.1988), aff'd, 883 F.2d 890 (10th Cir.1989). Thus, Schmit lacks standing to bring this action against the appellees.
Accordingly, we affirm.
To continue reading
Request your trial
-
U.S. ex rel. Hall v. Tribal Development Corp.
...Sept. 15, 1993). As support for this statement, the court cited to a decision from the Eighth Circuit, Schmit v. International Finance Mgmt. Co., 980 F.2d 498 (8th Cir.1992) (per curiam), as well as a recent decision out of the Tenth Circuit, Western Shoshone Business Council v. Babbitt, 1 ......
-
Western Shoshone Business Council For and on Behalf of Western Shoshone Tribe of Duck Valley Reservation v. Babbitt
...standing to challenge BIA decisions under Sec. 81 to the non-Indian contracting party. See, e.g., Schmit v. International Finance Management Co., 980 F.2d 498 (8th Cir.1992) (per curiam); Enterprise Management Consultants, Inc. v. United States ex rel. Hodel, 685 F.Supp. 221, 223 (W.D.Okla.......
-
In re US ex rel. Hall
...the same statute, seeking to contest a management contract between an Indian tribe and a management company. Schmit v. International Finance Mgmt. Co., 980 F.2d 498 (8th Cir.1992). Because the plaintiff alleged no injury and was not within the zone of interests protected by 25 U.S.C. § 81, ......
-
U.S. ex rel. Crow Creek Sioux v. Hattum Farms
...issue, and [the plaintiff] must fulfill standing requirements to bring" an action under 25 U.S.C. § 81. Schmit v. Int'l Fin. Management Co., 980 F.2d 498, 498 (8th Cir. 1992). "Title 25 U.S.C. § 81 `was enacted solely for the protection and benefit of Indians'" and plaintiff must allege an ......