Mesa Grande Band of Mission Indians wins significant victory in the United States Court of Claims
In October 2014, the Mesa Grande Band filed a law suit against the United States in the United States Court of Federal Claims seeking just compensation for the United States’ action in patenting the 80 acre tract of land adjacent to Tract 1 to Santa Ysabel in 1980, which had been originally set aside for Mesa Grande by a 1926 act of Congress. The Mesa Grande Band first discovered that the 80 acres had been patented to Santa Ysabel in November 2010 when the Department of Interior responded to the Mesa Grande Band’s request for information related to Tracts 1 and 2 under the Freedom of Information Act (“FOIA”). The Mesa Grande Band’s complaint seeks payment for the value of the 80 acres at the time it was taken in 1980, as well as interest on that amount calculated from the day of the takings, and attorney’s fees. (The payment of money damages is the only remedy available to Mesa Grande Band under applicable law.)
As expected, in January 2015, the United States moved to dismiss the Mesa Grande band’s complaint. The United States government argued that (1) the Mesa Grande Band’s case should be dismissed because the statute of limitations (I.E. the time in which the Mesa Grande Band must bring the claim) had expired, (2) the ownership of the 80 acres was directly linked to Tract 1, and that the Assistant Secretary’s decision in 1978 regarding Tracts 1 and 2 also decided the ownership of the 80 acres, and (3) the case could not proceed without Santa Ysabel, which could not be joined as a party due to its sovereign immunity to suit.
Jordan Law Offices, PLLC responded to the United States government’s motion to dismiss on March 3rd 2015.
To see a copy of the brief filed, click here:
The Court heard argument on the United States government’s motion on April 20th 2015 and handed down its decision on May 20th 2015. The Court rejected the United State’s motion to dismiss on all grounds. The Court ordered the United States to file its answer to the Mesa Grande Band’s complaint by June 12, 2015.
The Court’s decision is an important victory for Mesa Grande Band of Mission Indians. For once, the Mesa Grande Band may be able to receive justice from the courts for the United States’ gross mismanagement of Mesa Grande reservation lands. In the meantime, Mesa Grande Band continues to pursue its claims to Tracts 1 and 2. The Mesa Grande Business Committee will report on progress in that effort at the June General Council meeting.
Article of the Court case link:
http://www.law360.com/articles/658377/interior-loses-bid-to-toss-mesa-grande-band-land-dispute