3.11.380 Limited Waiver of Tribal Sovereign Immunity

An action may be brought in Tribal Court under this Ordinance against the Tribe or an agent, employee or officer of the Tribe to determine if the facts support the conclusion reached by the Wetlands Ordinance Administrator and the Bad River Natural Resources Department and the law was correctly applied to the facts. No judgment, order or award shall be entered under this Ordinance against the Tribe or any officer without actual notice to the Tribe through the Secretary of the Tribal Council and the Office of the Tribal Attorney, and to any agent, employee or officer of the Tribe against whom any such relief applies. The Tribal Court shall give due weight to the sovereign, governmental and public interests of the Tribe in determining to grant and in fashioning any relief against the Tribe or any agent, employee or officer.

No monetary damages shall be awarded under this Ordinance in excess of the limits of insurance maintained by the Tribe to compensate for injury claimed hereunder as set out in Section 3.11.370.