Tag Archives: NAHASDA funding allocation

Federal Circuit Revives Portions of Lummi/Hopi/Fort Berthold Housing Authorities NAHASDA Claims

Here is the opinion in Lummi Tribe v. United States (Fed. Cir.). An excerpt: [W]e conclude that because neither the Claims Court nor this court previously adjudicated Lummi’s breach of contract, breach of fiduciary duty, and breach of trust claims, the Claims … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , ,

Federal Court Rejects HUD Restitution Motion in Ongoing Disputes with Tribal Housing Authorities

Here are the materials in the consolidated matters captioned Tlingit-Haida Regional Housing Authority v. United States Department of Housing and Urban Development (D. Colo.): 115 HUD Motion for Restitution 120 Housing Authority Opposition 122 Reply 124 DCT Order An excerpt: … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , , , , , ,

Lummi Tribe v. United States Cert Petition [HUD Funding]

Here is the petition: Cert Petition Questions presented: Does 28 U.S.C. § 1491 grant the court of federal claims jurisdiction over an action to recover grant-in-aid funds unlawfully recouped by the United States or is the action one for specific relief which must be brought under … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, trust relationship | Tagged , , , ,

Split Tenth Circuit Panel Rules HUD Illegally Recaptured NAHASDA Funds but Tribes Cannot Recover

Here is the opinion in the consolidated appeal captioned Modoc Lassen Indian Housing Authority v. United States Department of Housing and Urban Development. An excerpt from the lead opinion: These consolidated appeals arise from a government agency’s decision to recapture, via administrative offset, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, trust relationship | Tagged , , , , | 1 Comment

Federal Court Decides Walker River Paiute NAHASDA Funding Allocation Challenge

Here are the materials in Walker River Paiute Tribe v. HUD (D. Nev.): 18 Walker River Paiute Motion for Summary J 21 HUD Response & Cross Motion 27 Walker River Paiute Reply 31 HUD Reply 40 HUD Supplemental Brief 41 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,

Tlingit-Haida Regional Housing Authority v. HUD

Here are materials in Tlingit-Haida Regional Housing Authority v. United States Department of Housing and Urban Development (D. Colo.): 74 DCT Order on Liability 85 DCT Order on Damages An excerpt: On March 4, 2008, Plaintiff Tlingit–Haida Regional Housing Authority … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , | 1 Comment

HUD Must Provide Hearing Prior to Recapturing NAHASDA Funds in Allocation Formula Dispute

Here are the materials in Lummi Tribe v. United States (Fed. Cl.): DCT Order Denying US Motion to Dismiss Count 2 HUD Motion to Dismiss Lummi Response HUD Reply An excerpt: In conclusion, we read Section 405 as governing HUD’s … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , , , ,

Absentee Shawnee/Okla. Seminole Challenge to HUD Funding Allocation Regulation Fails

Here are the materials in Absentee Shawnee Housing Authority v. HUD (W.D. Okla.): DCT Order Rejecting Challenge to HUD Decision Plaintiffs’ Brief HUD Response Plaintiffs’ Reply

Posted in Author: Matthew L.M. Fletcher, Regulations, Research, trust relationship | Tagged , , , ,