City of Ketchikan v. Cape Fox Corp.

OVERVIEW

The City of Ketchikan (“the City” or “Appellant”) appeals a District Court order granting Cape Fox Corporation’s (“Cape Fox”) motion for summary judgment. The City sought conveyance from Cape Fox of fee title to 38 acres upon which the City’s Beaver Falls hydroelectric powerhouse is located. The district court ruled that the City was not entitled to the land under the Alaska Native Claims Settlement Act (“ANCSA” or “the Act”) because the land did not qualify as a “primary place of business,” 43 U.S.C. § 1613 (c)(1), and the City’s utility did not qualify as a “nonprofit organization,” 43 U.S.C. § 1613 (c)(2). The City appeals the grant of summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994), and we affirm.

BACKGROUND

Ketchikan Public Utilities (“KPU”), a nonprofit organization of the City of Ketchikan, operates electric, water, and telecommunications utilities. As part of its electric utility, it operates the Beaver Falls hydroelectric powerhouse approximately six miles outside of Ketchikan. The City constructed the facility in 1945…