Kalispel Tribe of Indians v. Spokane Raceway Park, Inc.
Opinion
Opinion
MEMORANDUM
Orville and Deonne Moe appeal the district court’s summary judgment disposing of Orville Moe’s counterclaims and the district court’s denial of the Moes’ motion to reconsider granting summary judgment against them for damages. We affirm.
The district court had jurisdiction over the claims despite the Moes’ assertion otherwise. See Oneida Indian Nation of N.Y. State v. Oneida County, New York, 414 U.S. 661, 677 , 94 S.Ct. 772 , 39 L.Ed.2d 73 (1974); see also Mescalero Apache Tribe v. Burgett Floral Co., 503 F.2d 336, 338 (10th Cir.1974). While no party challenged our appellate jurisdiction, we examined that question independently and determined that we have jurisdiction. Although the district court never finally resolved the Tribe’s claims against the Moes for a permanent injunction and for quiet title, it is clear that the district court intended to dispose of all the claims before it, and it is clear from the Tribe’s filings that it has treated this case as finally decided in the district court and has abandoned any unresolved claims. See Lovell v. Chandler, 303 F.3d 1039, 1049-50 (9th Cir.2002).