State of Tennessee Ex Rel. Commissioner of Transportation v. Medicine Bird Black Bear White Eagle, et al.

63 S.W.3d 734 (2001)

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State of Tennessee Ex Rel. Commissioner of Transportation v. Medicine Bird Black Bear White Eagle, et al.

Tennessee Court of Appeals
63 S.W.3d 734 (2001)

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Facts

The State of Tennessee (plaintiff) conducted an archaeological assessment of land it wanted to purchase to widen a major road running between two cities. The archaeological crew discovered several Native American artifacts and ancient Native American graves. Tennessee filed a petition in state court seeking to relocate the graves and terminate the use of the land as a cemetery. The Tennessee Commission of Indian Affairs and 15 Native Americans, including Medicine Bird Black Bear White Eagle (the Native Americans) (defendants) requested permission to join the suit as interested persons. A Tennessee law required that all interested persons, defined as anyone with a right to a burial ground as a surviving spouse, child, or next of kin of someone buried there, be named as a defendant in any suit seeking to close a burial ground. Tennessee argued that the Native Americans did not meet the definition of interested person because they did not claim to be surviving spouses or next of kin of the remains or have any other legally recognized interest in the cemetery and thus did not have standing to intervene as defendants. The lower court permitted the Native Americans to be included as defendants, and Tennessee appealed.

Rule of Law

Issue

Holding and Reasoning (Koch, J.)

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