OKMULGEE, Oklahoma –
The civil suit between the Alabama Quassarte Tribal Town Governing Committee and the AQTT Principal Chief Wilson Yargee has been dismissed in the Muscogee Creek Nation District Court.
As previously reported by Mvskoke Media, the Suit claimed that Lena Wind, Mary Tiger, Ghastin Harjo, Bernadette Whitetree, Annie Merritt, Wendy Wind, and Brina Williams were unconstitutionally removed from their positions on the AQTT Governing Committee by Wilson and Rovena Yargee in their roles as Chief and Second Chief of the AQTT.
The order of dismissal, filed on April 20, states that in order for the MCN district court to have jurisdiction in the matter, the AQTT government must sign a waver of sovereign immunity.
According to the order, the Plantiffs have waived sovereign immunity, but the Defendants have not, and since the suit seeks to establish who is the legitimate elected officers of the Tribal Town, the district court is caught in a paradox.
The order states,
“Without asserting jurisdiction over both parties, the court cannot determine which party is, in fact, a sovereign, capable of asserting the defense of sovereign immunity on behalf of the AQTT.”
A post made on the AQTT Facebook page on April 25 states the matter has been heard in the AQTT District Court which has issued a permanent restraining order against the former members of the AQTT Governing Committee.