The Omaha Tribe of Nebraska is asking the Nebraska Supreme Court to restore its protection from lawsuits, as reported in an AP piece published by GreenwichTime.com on Dec. 24.
In 2008, the tribe’s chairman and vice chairman at the time had signed a waiver of immunity with StoreVisions, an Omaha-based company it contracted with on several construction projects, including work on the tribe’s casino and racetrack.
The contractor is now suing the tribe, claiming that it had not been paid for work, though how much is outstanding was not reported in the story.
The tribe argues that the waiver is not valid because the tribal council never passed a resolution authorizing it or authorizing the chairman and vice chairman to authorize it. The tribe maintains its constitution and bylaws require a resolution for such a waiver.
StoreVisions, however, says the waiver is valid because it was signed by the chairman and vice chairman at tribal headquarters and three council members witnessed the signing.
