Stuart
Stuart v. United States
Opinion
Lead Opinion
Thompson, J.
Appellant Douglas N. Stuart contracted to buy Indian reservation land from Steven Magpie, Maxine Magpie Rutherford Clifford, and Harry W. Magpie (the Magpies). The land sale contract specified the Magpies would hold title to the land until Stuart made his last installment payment. After Stuart defaulted on several payments, the Bureau of Indian Affairs (BIA) cancelled Stuart’s contract.
Stuart filed a petition for review in the federal district court. He argued: (1) due process required the BIA to give him an opportunity to be heard before cancelling his contract; (2) the BIA violated Stuart’s due process rights when it cancelled the contract without giving him sixty-days notice; (3) the Secretary of the Interior violated his duties as trustee to Stuart by cancelling the contract; (4) the BIA decision conflicted with Montana state anti-forfeiture laws. The district court granted summary judgment in favor of the BIA on all four of Stuart’s claims. Stuart appeals.
*1383 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
I
FACTS
In 1982, the Magpies, enrolled members of a federally-recognized Indian tribe, contracted to sell 4,119 acres of land located on the Fort…