§ 111. Injunctive relief-Costs and attorney fees

Cite as: 67 CNCA § 111

A. Any citizen of the Nation may apply to the District Court of the Cherokee Nation for either or both a declaratory judgment and injunctive relief to enforce the provisions of this chapter in appropriate cases as long as such application is made no later than one (1) year following the date on which the alleged violation occurs or one (1) year after a public vote in public session, whichever comes later. The Court may order equitable relief as it considers appropriate and a violation of this chapter must be considered to be an irreparable injury for which no adequate remedy at law exists.

B. If a person or entity seeking such relief prevails, he or it may be awarded reasonable attorney fees and other costs of litigation. If such person or entity prevails in part, the Court may in its discretion award him or it reasonable attorney fees or an appropriate portion thereof.

Historical Data

LA 25–01, eff. September 14, 2001. Amended LA 16–14, eff. June 20, 2014.