Gilbert McClendon Bernadine F. McClendon Norman McDanel Connie R. McDanel v. United States of America Colorado River Indian Tribal Council

Good Law
885 F.2d 627·1989 WL 105119·1989 U.S. App. LEXIS 13806
United States Court of Appeals for the Ninth CircuitSeptember 15, 198988-5981California3,396 words

Opinion

Opinion

Fletcher, J.

Appellants Gilbert and Bernadine McClendon and Norman and Connie McDa-nel (collectively, “McClendon”) brought an action in U.S. District Court against the United States and the Colorado River Indian Tribal Council (“Tribe”), alleging that the Tribe breached the terms of a lease agreement. The district court dismissed the action for lack of subject matter jurisdiction. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

The lease agreement at issue in this case has its origins in a dispute over ownership of certain lands claimed on behalf of the Tribe. In 1972, the United States filed a complaint for ejectment against McClen-don’s predecessors-in-interest, Robert and Laura Clark. In that suit, the U.S. sought to establish permanent title, in trust for the Tribe, to certain lands in Riverside County, California. The Tribe and McClendon were not parties to the initial suit.

In 1974, the parties agreed to settle the case. According to McClendon, the settlement consisted of two key provisions: (1) the U.S. and the Tribe would obtain undisputed title to the lands; and (2) the Clarks would obtain a long-term lease of the lands at a favorable rental rate. McClendon claims that the lease…

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