Developer back in court over Skywalk

FLAGSTAFF, Ariz. -- The developer of the Grand Canyon Skywalk has returned to federal court to challenge a northern Arizona tribe's decision to cut him out of managing the popular tourist attraction without a way to contest that decision.

The Hualapai Tribe declared eminent domain over the management contract earlier this month and said it will pay Las Vegas businessman David Jin $11 million in compensation. Both sides have accused the other of failing to uphold an agreement under which Jin is supposed to split revenue with the tribe for 25 years in exchange for his investment to build it.

Jin's company, Grand Canyon Skywalk Development, sued tribal council members and the tribe's business arm late Thursday, contending his constitutional, due process and just compensation rights have been violated. The lawsuit argues that the tribe doesn't have civil jurisdiction over Jin.

"It's an injustice," Troy Eid, an attorney for Jin, said Friday. "It's exactly the kind of injustice Indian tribes have fought against for so many years. People have taken things that belong to them, and sadly this group has taken property that doesn't belong to it."

The lawsuit came a day before the tribal court in Peach Springs held a hearing on the tribe's request for a temporary restraining order to keep Jin's company from destroying or damaging any property at the Skywalk. The tribal court granted the request, but the chief judge, whose daughter is on the tribal council, said further proceedings in the case would be handled by a pro-tem judge who is not Hualapai.

The glass-shaped bridge extends 70 feet from the rim of the Grand Canyon, giving visitors a view of the Colorado River 4,000 feet below.

Tribal spokesman Dave Cieslak said the Skywalk is operating better than ever now under the tribe's management. He said the tribe thinks Jin's lawsuit will be dismissed, as have two others that he has filed against the tribe -- one in tribal court to force arbitration and another in federal court to keep the tribe from enforcing eminent domain over the Skywalk.

"Sadly, we predicted that Mr. Jin's army of lawyers would resort to desperate tactics like filing yet another federal court action," Cieslak said.

The two sides had been in arbitration before the tribal council voted to enforce eminent domain. Eid said that the action gives Jin no way argue for what he believes is just compensation -- more than $100 million -- or that the tribal council illegally took Jin's property.

The lawsuit hinted at ripple effects throughout Indian Country, saying the willingness of non-Indians to invest money in tribes probably would be destroyed if the Hualapai Tribe's action stands. Jin approached the tribe in 1996 with a plan to build the Skywalk and invested millions of dollars in it.

Comments

Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

1. mlvaughn Mar. 15, 2012 | 3:46 p.m. Report Abuse

   The Tribe has worked with numberous non-indian investors and continues to have good relationships with them. David Jin on the other hand refuses to hold up his end of the contract. Eminent Domain is in the Tribal Ordinances and he was well aware of the consequences when he entered into a contract with the Tribe. The "indian way" is to keep your word, if you promise to make the improvements to the Skywalk in a certain amount of time and promise to pay 50/50 of the revenue then uphold the end of your deal. The Tribe shouldn't have to wait years and years for their profits or to provide water and electricity to the visitors that step foot on their land and experience one of the majestic wonders of the world. I hope it does get the feds' attention and I hope it does have a ripple effect in indian country to weed out all of the bad investors whose intention is to take advantage of those whose intention was to share the west rim of the grand canyon with the world. There is so much corruption and embezzlement in David Jin's camp. All their lives, the Tribe had to fight against people like David Jin, I want you all to think about this: you open your home to a guest and this guest says I'll renovate your bathroom, and do all kinds of upgrades your family, friends, and other guests will love it....many holidays go by, many birthday parties, and other meaningful gatherings go by and the bathroom is still not complete. he starts bringing in his friends to work on the project without your knowledge next thing you know he's got a shuttle service operating underneath your nose and getting paid underneath your roof without asking you permission and the renovations are still not done...then what?

2. vegasrebel73 Feb. 18, 2012 | 9:18 p.m. Report Abuse

   David Jin's investors got taken by Jin so why shouldn't Jin get taken by the Tribe? I'll bet if Jin had taken on the Seenos brothers as partners someone would of been threatened and maybe shot by now. That would be one for Spike TV's "Deadliest Warrior." The modern day "Independent, Entrepreneurial, Italian American Businessman." Versus the modern day Tribal Judge who hates whitey. Who is gonna win, the idea being who can screw the other out of more money in an illegal way? That is good TV. hahaha

3. Cherokee.Mankiller Feb. 18, 2012 | 8:34 p.m. Report Abuse

   Did Jin violate any provision of the contract? If he was supposed to lay a waterline, and build a motel, then he has violated the contract and depending on how it was set up, could be pushed out. Happens all the time in other business dealing.

4. RockNDBakken Feb. 18, 2012 | 7:41 p.m. Report Abuse

   Jin needs to learn that you pay under the table to the court and the tribal council for favorable results. That is the Indian way, a few cases of whiskey wouldn't hurt either.

5. Lilynda Feb. 18, 2012 | 3:23 p.m. Report Abuse

   All Jin has to do is finish what he had promised. The Motel & Visitors Center is badly needed. If you have been there you would see the plywood start on the building is falling apart, and you have to go through it to get on the Skywalk. He was to build both, he started and then quit because of no power or water. The tribe is in the process of laying the waterline now, which was one of the things that Jin was suppose to do. The power is there, it just needs to be brought over to the area of the Skywalk. So it would be allot cheaper to quit the fight and finish the things he had said he would. Then both of them would profit from all the work that went into it.

6. bone Feb. 18, 2012 | 2:24 p.m. Report Abuse

   If it is doing better than ever then maybe they can pay its investor's a distribution? Last time was in 2008.

7. Robert.Weston Feb. 18, 2012 | 7:17 a.m. Report Abuse

   Something is not right here. The Feds need to sort this out fairly.

8. just another brick in the wall Feb. 18, 2012 | 7:02 a.m. Report Abuse

   "It's an injustice," Troy Eid, an attorney for Jin, said Friday. "It's exactly the kind of injustice Indian tribes have fought against for so many years. People have taken things that belong to them, and sadly this group has taken property that doesn't belong to it." Eid is absolutely correct in his comment. In Washington state, contractors and other business men who entered into business with the tribes there have experienced the same thing that Jin is experiencing --getting stiffed by the Indians on agreements they made with an outside contractor, in other words, a non tribal member. I hope that there is a ripple effect and other non tribal members do not go into business with Indians. Anyway, I wish Jin luck in trying to sue them. Quite honestly, I don't like his chances.