Loring v. City Of Scottsdale

721 F.2d 274 Ramona LORING and Lester Loring, wife and husband, for and on behalf of themselves and approximately 200 other members of the Salt River Pima-Maricopa Indian Community similarly situated, Plaintiffs-Appellants, and Herman Grey, et al., as objecting class members, Plaintiffs-Appellees, v. The CITY OF SCOTTSDALE, ARIZONA, a municipal corporation, Defendant. No. 83-1679. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 14, 1983. Decided Nov. 30, 1983. Wayne C. Arnett, Patten, Montague & Arnett, Tempe, Ariz., for plaintiffs-appellants. Clifford Sherr, Scottsdale, Ariz., for plaintiffs-appellees. Richard Wilks, Phoenix, Ariz., for Herman Grey & Amicus Salt River Pima-Maricopa Indian Comm. On appeal from the United States District Court for the District of Arizona. Before DUNIWAY, Senior Circuit Judge, and ALARCON and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Plaintiffs filed a class action suit on behalf of various members of the Salt River Pima-Maricopa Indian Community. They sought to establish that the City of Scottsdale, Arizona had unlawfully taken a right-of-way over land belonging to the class. The litigation resulted in…