Judge dismisses federal lawsuit over Grand Canyon Skywalk
FLAGSTAFF, Ariz. -- A federal judge has dismissed a lawsuit that sought to keep a northern Arizona tribe from severing its agreement with the developer of the Grand Canyon Skywalk.
U.S. District Judge David Campbell did not address the claims brought by Las Vegas developer David Jin in his order Thursday, which dropped the case without prejudice, meaning Jin can refile it. Campbell ruled that Jin first must exhaust remedies in the Hualapai court in Peach Springs.
The Hualapai Tribal Council passed an eminent domain ordinance in April that Jin thinks is aimed at ending a revenue-sharing contract he reached with the tribe. Jin asked a federal judge to determine the validity of the ordinance, but Campbell said the tribe has not sought to enforce it and might never do so.
"Plaintiff's claim in this case challenges tribal authority to enact and enforce a tribal condemnation ordinance, a claim central to tribal self-government, and the tribal court must be given an opportunity to decide whether it has jurisdiction and to interpret the ordinance," Campbell wrote.
Tribal Council members have said they would pay Jin fair market value for his $30 million investment in the glass bridge, which extends from the Grand Canyon on the reservation should the tribal government enforce it. But they dispute Jin's contention that he was the target.
Tribal spokesman Dave Cieslak said the tribe is pleased with Campbell's decision on what it considers a "baseless" lawsuit.
"We hope the judge's ruling will convince Mr. Jin to stop disparaging the Hualapai people and filing lawsuits against the tribe," he said.
Jin's attorneys said they will file a motion for reconsideration today and accused the tribe of legal maneuvering.
"It is our view that the tribe's lawyers are attempting to have the matter dismissed in both tribal and federal court so they have no judicial scrutiny as they attempt to seize Mr. Jin's management contract through eminent domain," Jin attorney Mark Tratos said.
Jin is trying to force arbitration with the Hualapai Nation through a separate lawsuit filed in tribal court. Jin contends the tribe has not paid him what he's owed.
