Saucerman
Saucerman v. Norton
Opinion
Lead Opinion
MEMORANDUM ***
Appellants Gordon B. Saucerman, Joe Benjamin, Sharron Benjamin, and Cleo Freeman (collectively the “former permit-tees”), former occupants of cabins on the western shore of Lake Havasu in California (the “shoreline area”), filed this action against the Chemehuevi Tribal Council, Chemehuevi tribal officials, and various federal government officials after tribal officials acted to enforce a self-help eviction ordinance. The complaint, alleging violations of the Administrative Procedures Act (APA), 5 U.S.C. §§ 701-706 , a taking of property in violation of the Fifth and Fourteenth Amendments, and constitutional violations under 42 U.S.C. §§ 1983 and 1985, was dismissed for lack of subject matter jurisdiction. We affirm.
Congress established the Quiet Title Act of 1972 as the exclusive means to adjudicate a disputed title to real property in which the United States claims an interest. 28 U.S.C. § 2409a. The Act expressly reserves sovereign immunity in disputes involving property held in trust for Indian tribes. See id. at. § 2409a(a); United States v. Mottaz, 476 U.S. 834, 843 , 106 S.Ct. 2224 , 90 L.Ed.2d 841 (1986).