Hamaatsa, Inc., a New Mexico Not-For-Profit Corporation v. Pueblo of San Felipe, a Federally Recognized Indian Tribe

Summary

The New Mexico Supreme Court affirmed the district court’s denial of the Pueblo of San Felipe’s motion to dismiss for lack of subject‑matter jurisdiction, holding that the action is in rem and tribal sovereign immunity does not bar the claim at this stage. The Court reasoned that the complaint’s factual allegations—conceded as true—establish the road as a state public road and that the Pueblo offered no evidence that its sovereign interests are implicated. A dissent argued that tribal sovereign immunity should apply and the motion should be granted.