Arizona v. California

1989-11-17
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Headline: Court appoints Special Master to reopen Fort Mojave, Colorado River, and Fort Yuma reservation boundary disputes, authorizing evidence collection and ordering parties to share the Special Master’s costs as the Court later directs.

Holding:

Real World Impact:
  • Allows a Special Master to summon witnesses and issue subpoenas to gather evidence.
  • Reopens reservation boundary proceedings and permits new filings and reports.
  • Makes the parties responsible for the Special Master’s costs as the Court later allocates.
Topics: reservation boundaries, boundary disputes, special master appointment, subpoenas and evidence

Summary

Background

The Court ordered the appointment of Robert B. McKay, a law professor from New York University, as Special Master to reopen a decree and determine disputed boundary claims involving the Fort Mojave, Colorado River, and Fort Yuma Indian Reservations. The order references earlier proceedings in the same case and is aimed at resolving factual and boundary questions that remain unsettled.

Reasoning

The Court gave the Special Master broad procedural authority: to set timing and conditions for filing additional pleadings, to direct subsequent steps in the case, to summon witnesses, issue subpoenas, and take or call for evidence. The Special Master may submit reports the Court finds appropriate. The order also states that the Special Master’s pay and related expenses, including assistants’ compensation and travel and printing costs, will be charged to the parties in proportions the Court will later decide. The order does not resolve the boundary disputes themselves; it places responsibility for managing the reopened proceedings with the Special Master.

Real world impact

Practically, the decision activates a fact-finding phase that can bring new testimony, documents, and formal subpoenas into the case. Parties should expect added procedural steps, potential testimony from witnesses, and shared financial obligations for the Special Master’s work once the Court fixes cost allocations. Because this is an order to reopen proceedings rather than a final boundary ruling, the ultimate property lines remain undecided pending the Special Master’s reports and the Court’s further action.

Dissents or concurrances

Justice Marshall took no part in considering or deciding this order, as the opinion notes.

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