Wapato Heritage, L.L.C. v. United States

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 granting Defendants-Appellees’ motion for summary judgment and motion to dismiss. We address whether Wapato’s predecessor-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 Moses Allotment No. 8 (MA-8). The district court ruled that Evans did not comply with the Lease’s requirements that he notify all the Landowners that he intended to renew the Lease. Wapato, the current holder of all the Lessee’s rights under the Lease, timely appealed. We have jurisdiction under 28 U.S.C. § 1291 .

Wapato argues on appeal that the terms of the Lease are ambiguous as to whether the Bureau of Indian Affairs (BIA) was a Lessor under the Lease, therefore precluding summary judgment. We hold that the Lease is not ambiguous and that the BIA was not a Lessor under the Lease. We also hold that Evans (and later Wapato) failed to provide the required notice to the…