2017 WL 2377982
Only the Westlaw citation is currently available.
This case was not selected for publication in West’s Federal Reporter.
See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued on or after Jan. 1, 2007. See also U.S.Ct. of App. 9th Cir. Rule 36-3.
United States Court of Appeals,
Roger FRENCH, Plaintiff-Appellant,
Karla STARR, in her capacity as a Judge of the CRIT Tribal Appellate Court; Robert N. Clinton, in his capacity as a Judge of the CRIT Tribal Appellate Court; Robert Moeller, in his capacity as a Judge of the CRIT Tribal Appellate Court; Lawrence C. King, in his capacity as the Chief and Presiding Judge of the Colorado River Indian Tribes Tribal Court; Herman “TJ” Laffoon, official capacity as member of the CRIT Tribal Council; Sylvia Homer, Acting Chairwoman of the Colorado River Indian Tribes, Defendants-Appellees.
Submitted May 16, 2017* San Francisco, California
Filed June 01, 2017
Appeal from the United States District Court for the District of Arizona, John Joseph Tuchi, District Judge, Presiding, D.C. No. 2:13-cv-02153-JJT
Attorneys and Law Firms
Roger French, Pro Se
Rob Roy Smith, Attorney, Kilpatrick Townsend & Stockton LLP, Seattle, WA, for Defendants-Appellees Karla Starr, Robert N. Clinton, Robert Moeller, Lawrence C. King
Sara Ann Clark, Winter King, Attorney, Shute, Mihaly & Weinberger LLP, San Francisco, CA, Rebecca Anne Loudbear, Acting Attorney General, Colorado River Indian Tribes, Attorney General’s Office, Parker, AZ, for Defendant-Appellee Herman ‘TJ‘ Laffoon
Sara Ann Clark, Winter King, Attorney, Shute, Mihaly & Weinberger LLP, San Francisco, CA, for Defendant-Appellee Sylvia Homer
Judy B. Harvey, DOJ—U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Amicus Curiae United States of America
Before: W. FLETCHER and TALLMAN, Circuit Judges, and HUCK,** District Judge.
*1 Plaintiff Roger French appeals the district court’s grant of summary judgment in favor of Defendants, who are members of the Tribal Court and Tribal Council of the Colorado River Indian Tribes (“CRIT”). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.1
French argues CRIT lacked jurisdiction to adjudicate eviction proceedings relating to his leasehold (“the Permit”) on the California side of the Colorado River (the “Western Boundary lands”) because French’s lot is not part of the Colorado River Indian Reservation. Both the Permit and the assignment of that Permit to French described the lot in question as within the Colorado River Indian Reservation. French paid rent pursuant to the Permit, first to the Bureau of Indian Affairs for the benefit of CRIT and then directly to CRIT, from 1983 through 1993. French is therefore estopped from contesting CRIT’s title. See Richardson v. Van Dolah, 429 F.2d 912, 917 (9th Cir. 1970), Goode v. Gaines, 145 U.S. 141, 152 (1892) (estoppel does not depend on validity of landlord’s title), William v. Morris, 95 U.S. 444, 455 (1877) (when tenant gains possession, tenant is estopped from denying title of landlord).
Once French’s challenge to CRIT’s title is resolved, this case is squarely controlled by Water Wheel Camp Recreational Area, Inc. v. La Rance, 642 F.3d 802 (9th Cir. 2011) (CRIT properly exercised jurisdiction over an unlawful detainer action for breach of lease by a non-tribal member within the Western Boundary lands).
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
The Honorable Paul C. Huck, United States District Judge for the U.S. District Court for Southern Florida, sitting by designation.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
We deny Defendant-Appellees’ motion for judicial notice [Dkt. #11] and Plaintiff-Appellant’s motions for judicial notice [Dkt. #27 and #30].