Notti

Notti v. Cook Inlet Region, Inc.

Good Law
31 F. App'x 586
United States Court of Appeals for the Ninth CircuitMarch 22, 2002Nos. 01-35521, 01-35569; D.C. No. CV-00-00020-JWSCalifornia385 words

Opinion

Lead Opinion

MEMORANDUM ***

Appellants are shareholders of Cook Inlet Region, Inc. (CIRI), a Regional Corporation established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601 et seq (ANCSA). They appeal the district court’s denial of their motion to remand this action to state court, grant of summary judgment in favor of CIRI, and denial of their motion for reconsideration.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We lack jurisdiction to consider appellants’ taking claim, raised to the district court on reconsideration, because appellants must raise that claim under the Tucker Act in the Federal Court of Claims. Bay View, Inc. ex rel. AK Native Vill. Corps. v. AHTNA Inc., 105 F.3d 1281, 1284-85 (9th Cir.1997).

Appellants argue that the district court lacked removal federal question jurisdiction over this action and therefore, that the case was improperly removed to federal court. We review the issue de novo. Prize Frize, Inc. v. Matrix (U.S.) Inc., 167 F.3d 1261 , 1265 (9th Cir.1999). We also review de novo the district court’s denial of the motion to remand. ARCO Env’t Remediation, L.L.C. v. Dep’t of Health and Env’t Quality, 213 F.3d 1108, 1111 (9th Cir.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.