ICRA Habeas Claim Arising from Bishop Paiute Reservation Inter-tribal Property Dispute Dismissed

Here are the materials in Napoles v. Rogers (E.D. Cal.):

19 Motion to Dismiss

20-1 Tribal Judge Motion to Dismiss

25 Opposition to 20

26 Opposition to 19

32 Reply in Support of 20

34 Reply in Support of 19

37 DCT Order

An excerpt:

At the core of this case is an intra-tribal dispute regarding the ownership of certain parcels of land on the Bishop Paiute reservation located in eastern California. The amended petition alleges petitioners were unlawfully detained by respondents when they were denied access to their family land and were cited for trespass when attempting to enter the disputed land. Petitioners are all descendants of Ida Warlie, who purportedly received an assignment of eleven lots on the Bishop Paiute reservation in 1941, in exchange for relinquishing possession of other land in Inyo County. These lots were purportedly then assigned to her descendants, petitioners here, following her death. According to petitioners, a land assignment ordinance enacted by the members of the Bishop, Big Pine, and Lone Pine Reservations in 1962 validated all prior land assignments, including Ms. Warlie’s. This ordinance was enacted by the Owens Valley Board of Trustees, which governs a number of tribes now living in the Owens Valley of California, including those on the Bishop Paiute reservation.

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