United States Ninth Circuit
Lyon v. Gila River Indian Comm., 08-15570
In an action seeking a declaratory judgment that debtors' estate had legal title and access to a parcel of land surrounded by Indian lands, partial judgment for plaintiff is affirmed in part where: 1) the trustee's claim of a pre-existing easement to access the parcel was not preempted by the existence of a regulatory scheme for obtaining new easements over Indian lands; and 2) the implied easement Arizona obtained from the federal government in 1877 was effectively conveyed to each subsequent purchaser of the parcel. However, the judgment is vacated in part where the district court erred in refusing to take judicial notice of this official action by the Bureau of Indian Affairs.
Appellate Information
- Decided 11/24/2010
- Published 11/24/2010
Judges
- J. Clifford Wallace
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Patricia A. Millett, Paul F. Eckstein