Kelly & Associates, PC

Kelly & Associates, P.C., with its website at https://kellylaw.us/, has been providing high-quality legal services since 2003 for the varied legal needs of our predominantly Tribal and Native American clients, including in the following areas of law:

• Federal Indian law, including tax implications; tribal jurisdiction; tribal sovereignty and self determination; and Indian Self Determination and Education Assistance Act, P.L. 93-638 (ISDEAA) (in both contracting and litigation, and including FTCA implications)
• Litigation in federal, tribal, state, and administrative courts and tribunals, including Navajo courts and tribunals, and arbitration
• Corporate and general business law, including governance, contracts, policies, business formation, and 501(c)(3) recognition by the IRS
• Transactions, including large credit facilities; construction contracting for Tribal hospital and school facilities; grant and other funding instruments; and goods and services procurement
• Health care law (particularly related to ISDEAA tribal health organizations)
• Natural resources and environmental law, including natural resource extraction on tribal lands (oil and gas, and mining)
• Cultural resources law, including Navajo Nation and federal laws (NAGPRA and ARPA)
• Education law (particularly with respect to tribes and Tribal grant schools under P.L. 100-297)
• Administrative law (federal and Navajo Nation)
• Tribal municipal and local governance law
• Labor and employment law with particular expertise in Navajo Preference in Employment Act (NPEA) compliance and related litigation, including developing policies and procedures for NPEA compliance personnel matters
• Navajo land use law, including mineral, business, and general land use leasing; customary land use; grazing permits; eminent domain; and forcible entry and detainer
• Navajo Fundamental Law, as set forth in Navajo statute and in decisions of the Navajo courts, and as written about by Navajo law experts
• Tribal taxation
• Government contracting
• Writing legislation, codes, and regulations (particular expertise in Tribal and municipal)
• Grants and grant writing (mainly federal)

These are some of the Firm's representative cases:

Federal

Appeal by Navajo Nation Oil and Gas Co. of April 12, 2023 Order to Report and Pay (Order), Office of Natural Resource Revenue, U.S. Dep't of the Interior,Case No. 18-00098 (June 25, 2025) (granting client's appeal and withdrawing Order).

Hart v. Tuba City Regional Health Care Corp., No. CV-23=-8539-PHX-SPL, Doc. 20 (D. Ariz. Dec. 8, 2023) (dismissing tort and breach of contract claims against P.L. 93-638 client for lack of jurisdiction under the Federal Tort Claims Act).

In the Matter of Diné Bi Olta School Board Association (DBOSBA), Order on Appellant's Motion for Immediate Preliminary Relief (AS-IA, Dec. 9, 2022) (Assistant Secretary of Indian Affairs’ granting DBOSBA’s motion for Immediate Relief and ordering the Director of the Bureau of Indian Education to, inter alia, immediately cease requiring background checks for tribal school boards and from preventing those school boards from functioning).

Goss v. Bonner, et al., No. CV-18-08295-PCT-SMB, 2020 WL 1479131, at *1 (D. Ariz. Mar. 26, 2020) (dismissing Federal Wiretap Act and Bivens claims brought against health care providers of a Navajo tribal health organization pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6)).

Goss v. United States, et al., 353 F.Supp.3d 878 (D. Ariz. 2018) (dismissing claims against a Navajo tribal healthcare organization and its Chief Executive Officer).

Navajo Nation v. United States Dep't of the Interior, 819 F.3d 1084 (9th Cir. April 6, 2016) (reversing the District Court’s decision that it lacked subject matter jurisdiction and agreeing with the Navajo Nation that the decision of the National Park Service to apply NAGPRA to 303 sets of human remains and associated funerary objects removed from the Navajo Nation’s treaty lands by the Service without the Navajo Nation’s permission was final agency action under the Administrative Procedures Act).

Diné Care v. United States Office of Surface Mining Reclamation and Enforcement, No. 15-1126, 643 Fed. Appx. 799 (10th Cir. March 30, 2016) (agreeing with the firm’s client, a tribally owned energy company, that the District Court’s opinions and orders in favor of environmental plaintiffs should be vacated and the case dismissed).

Yazzie v. Office of Surface Mining Reclamation and Enforcement, 185 IBLA 243 (2015) (agreeing with the firm’s client, a tribally owned energy company, and affirming the administrative law judge’s decision, that tribal membership does not confer standing to a tribal member for an agency decision affecting interests in tribally owned lands and resources).

Thermal Energy Company, 183 IBLA 126 (2012) (affirming denial of federal coal lease applications in Navajo “checkerboard” area).

Tribal

Redhorse PM, LLC v.To'Hajiilee Community School Board of Education, Inc., No. TH-CV000006-2025 (July 8, 2025) (dismissing complaint against our client for lack of jurisdiction and failure to join the United States as an indispensable party under Rules 12(b)(1), 12(b)(7), and 19, Nav. R. Civ. P.).

Kayenta Township Commission v. Andre Cordero, et al., Consolidated Cases Nos. KY-CV-100-2016 and KY-CV-017-2019 (Ky. Dist. Ct. June 21, 2024) (awarding $2,173,357 in damages in a stipulated judgment against the former Town Manager for fraud and embezzlement).

Kayenta Township Comm’n v. Chief Propane, et al., Case No. KY-CV-026-2020 (Ky. Dist. Ct. May 14, 2024) (awarding restitution of the business site to the Kayenta Township and awarding the Township $720,000 in damages for back rent).

Hart v. Tuba City Regional Health Care Corp., Case No. TC-CV-08-2020 (Tuba City Dist. Ct.) (April 20, 2023) (dismissing tort and breach of contract claims against P.L. 93-638 client for lack of jurisdiction under the Federal Tort Claims Act).

Kayenta Township Comm’n v. Chief Propane, et al., KY-CV-066-2017, Judgment and Order on Attorney Fees (Ky. Dist. Ct. June 12, 2019 and Aug. 21, 2019) (awarding over $90,000 in damages and attorney fees to Kayenta Township Commission).

Yazzie (Rolanda) v. Tuba City Regional Health Care Corp., No. SC-CV-27-19 (Nav. Sup. Ct. Oct. 23, 2019) (denying motion for reconsideration and dismissing appeal of Navajo Nation Labor Commission decision for lack of jurisdiction).

Navajo Nation Oil and Gas Company v. Window Rock District Court, No. SC-CV-25-14 (Nav. Sup. Ct. June 20, 2014) (holding that certain members of the Board of Directors were not validly removed or suspended by certain Navajo Nation Council Delegates).

Fisher v. Tuba City Regional Health Care Corp., No. NNLC-2019-19 (March 7, 2023) (ruling that petitioner had not met her burden and dismissing her Section 604(B)(8), 604(B)(9), and 604(B)(10) claims after evidentiary hearing).

Etsitty v. To’Hajiilee Community School, No. NNLC-2016-043 (Sept. 2, 2020) (ruling in the School’s favor and dismissing petitioner’s employment suit after evidentiary hearing).

Yazzie v. To’Hajiilee Community School, No. NNLC-2018-11 (Aug. 15, 2019) (dismissing the Complaint in its entirety based on Motion to Dismiss).

Hart v. Tuba City Regional Health Care Corp., No. NNLC 2017-011 (Feb. 13, 2019) (dismissing the Complaint in its entirety based on Motion to Dismiss).

Langevin v. Tuba City Regional Health Care Corp., No. NNLC 2017-011 (Oct. 3, 2018) (granting Motion to Dismiss employment case), appeal pending, No. SC-CV-49-18 (Nav. Sup. Ct.).

State

Goss v. Bonar, et al., Case No. CV-2018-00079 (Ariz. Sup. Ct.) (dismissing, inter alia, defamation claims against tribal members by a non-member plaintiff for lack of jurisdiction, because exercising jurisdiction over tribal members for allegations arising out of an on-reservation employment relationship with a non-member would interfere with the Navajo Nation’s ability to govern itself).