Ninth Circuit Affirms Wapato Heritage v. Evans — UPDATED

Here is today’s opinion. A related unpublished opinion disposing of other claims presumably will appear later in the day is here.

The briefs are here.

Lower court materials.

An excerpt detailing the issue:

Plaintiff-Appellant Wapato Heritage, L.L.C. (Wapato),appeals the district court’s order denying its motion for summary judgment and motion for reconsideration, and grantingDefendants-Appellees’ motion for summary judgment andmotion to dismiss. We address whether Wapato’spredecessor-in-interest, William Wapato Evans, Jr. (Evans),effectively exercised his option to renew a lease agreement(Lease) between Evans and certain Native American landowners (Landowners) covering real property known as MosesAllotment No. 8 (MA-8). The district court ruled that Evansdid not comply with the Lease’s requirements that he notifyall the Landowners that he intended to renew the Lease.Wapato, the current holder of all the Lessee’s rights under theLease, timely appealed.