Judge Janine Barbera-Dalli
Curtis Treadwell sought to recover possession of the lands and structures at the subject premises from Danielle Treadwell in this summary holdover action. He claimed he was the sole owner in fee and respondents were licensees. The premises were located on the reservation lands of the Unkechaug Indian Nation. Danielle claimed she was a "blood-right" member of the Nation, and presented a copy of a Certificate of Blood Right Land Ownership from the Tribal Council noting the trustees transferred the subject land to Danielle. The court noted while it had authority to decide land disputes on Indian land, it was the general rule that Indian usage and custom, not state law, governed the descent and distribution of allotted lands on an Indian Reservation. Further, it stated the petition failed to set forth a sufficient statement of facts or information as to how respondents became licensees of the property, finding the petition was conclusory in its use of the term, and failed to demonstrate sufficient facts upon which the proceeding was based. The court ruled while the petition presented as a customary holdover controlled by landlord-tenant law, it was not. Thus, as the petition was deficient, the court lacked subject matter jurisdiction, granting Danielle’s motion to dismiss.
