United States Tenth Circuit
United Keetoowah Band of Cherokee Indians v. US Dept. of Hous. & Urb. Dev., 08-7025
In an action challenging a reduction in the federal funding Plaintiff Indian tribe received under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), judgment for Defendant is reversed where NAHASDA is clear that the funding formula must be based exclusively on factors reflecting tribal need for housing assistance.
Appellate Information
- Decided 06/05/2009
- Published 06/05/2009
Judges
- PAUL KELLY, JR., Circuit Judge., Before KELLY, BRISCOE, and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- James C. McMillin (Michael D. McClintock, Tamara Schiffner Pullin of McAfee & Taft, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellant., A. Diane Hammons, Attorney General of Cherokee Nation, Tahlequah, OK, for Amicus Curiae.
- For Appellees:
- Patricia Sharin Flagg, Senior Trial Attorney of U.S. Department of Housing and Urban Development, (Sheldon J. Sperling, United States Attorney, Linda A. Epperley, Assistant United States Attorney, Muskogee, OK, with her on the brief), Washington, D.C., for Defendants-Appellees.