47.02.180 Consent to Suit

(a) Should a taxpayer, working interest owner, or operator of a well be adversely affected by a ruling of the Tribal Council, its authorized representative or an independent board or panel designated by the Tribal Council regarding interpretation or application of this Code, said adversely affected party may seek judicial relief against the Tribe in the Turtle Mountain Band of Chippewa Indians' Tribal Court and the Tribe hereby consents to such a suit. The decision of the Tribal Court may be appealed to the Tribe's appellate court in accordance with the rules and procedures governing practice before that court. Provided that a jurisdictional basis exists, the final decision of the Tribe's courts issued, after exhaust ion of all tribal judicial remedies, may be appealed to the United States District Court for the District of North Dakota, and the Tribe hereby consents to such federal appellate review. The Tribe does not consent to be sued in the State Courts of North Dakota.

(b) Recovery by the taxpayer is limited to refund of any overpayments only, excluding any interest, attorney fees and costs.