Proschold

ORDER GRANTING DEFENDANT’S AND INTERVENOR’S MOTIONS TO DISMISS FOR LACK OF JURISDICTION

Plaintiffs are the owners of an easement previously granted to defendant United States (“the Government”) by plaintiffs’ predecessor-in-interest in 1965. The Government obtained the easement to provide access to a Reservation occupied by the Dry Creek Ranchería Band of Porno Indians of California (“the Tribe”). Plaintiffs bring the instant action against the Government under the Quiet Title Act (“QTA”), 28 U.S.C. § 2409a, seeking a judicial determination concerning the permissible scope of use of the easement. Their concern arises from the Tribes’ construction of a casino on the Reservation and the attendant increased traffic over the easement.

The parties are presently before the Court on the Government and the Tribe’s separate motions to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(1). Both motions contend that the Court lacks subject matter jurisdiction over the instant action based on a provision in the QTA which excepts Indian property and property held in trust for Indians from the QTA’s waiver of sovereign immunity. Having read and considered the papers filed in…