Ninth Circuit Affirms “Public Road” Decision of Interior re: BIA/Wind River Reservation Road

Here are the materials in Pine Bar Ranch LLC v. Interior Board of Indian Appeals:

CA9 unpublished opinion

Pine Bar Opening Brief

Interior Answer Brief

Pine Bar Reply

Lower court opinion here.

One thought on “Ninth Circuit Affirms “Public Road” Decision of Interior re: BIA/Wind River Reservation Road

  1. vance gillette December 14, 2012 / 11:52 am

    it appears the ranch owner lacked a valid right-0f-way.
    Recall in Dry Creek Lodge, the tribe barred a resort owner from his place
    and the federal district court awarded damages under the Indian civil rights
    act. The federal ct ignored the immunity defense.

    next, the ranch will have to negotiate with the tribe for a way to get into
    the ranch ….

    At Fort Berthold Ind Res, like WInd RIver, homestead laws complicate the matter by allotments (indian and white) all over the place, often without easements. Finally, the tribes have to do their own land use planning, which will resolve the land – road issues.

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