Federal Court Affirms BIA Effort to Evict Non-Indian Leaseholder at CRIT

Here are the materials in Tuttle v. Jewell (D.D.C.):

24-1 Tuttle Motion for Summary J

27 US Cross-Motion

29 US Motion to Strike Tuttle Motion

33 Tuttle Reply

34 Tuttle Opposition to Motion to Strike

36 US Reply

37 US Reply in Support of Motion to Strike

45 DCT Order

An excerpt:

Plaintiff William Tuttle leased restricted Indian land in Riverside County, California, for a term of 50 years. The land is owned by the United States in trust for the Colorado River Indian Tribes. In 2010, the Bureau of Indian Affairs terminated the lease, finding that Mr. Tuttle had violated several of its provisions. The termination decision was affirmed by the Interior Board of Indian Appeals. The Bureau of Indian Affairs and the Interior Board of Indian Appeals are constituent agencies of the Department of Interior. Plaintiff sued the Secretary of the Interior, in her official capacity, complaining that the agency’s decision to terminate was arbitrary and capricious, in violation of both the Indian Long-Term Leasing Act and the terms of the Lease itself. Having reviewed the entire administrative record, the Court concludes that the agency acted reasonably on the record before it and within its authority. The Secretary’s motion for summary judgment will be granted.

46 DCT Order Granting Motion to Strike

This entry was posted in Author: Matthew L.M. Fletcher, Research and tagged , , . Bookmark the permalink.

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