Leisnoi, Inc. v. United States of America, Omar Stratman, Applicant in Intervention-Appellant

Omar Stratman appeals the district court’s dismissal of his motion to intervene in a suit brought by Alaska Native village corporation Leisnoi, Inc., against the United States under the Quiet Title Act, 28 U.S.C. § 2409a. The Quiet Title Act permits suit against the United States “to adjudicate a disputed title to real property in which the United States claims an interest.” Id. § 2409a(a). It also provides:

28 U.S.C. § 2409a(e).

In the present suit, the United States filed a disclaimer before trial, and the district court confirmed the disclaimer, quieted title in Leisnoi, and dismissed the action for lack of further jurisdiction. It then dismissed as moot Stratman’s motion to intervene, which had been filed before the disclaimer. We affirm the dismissal of Stratman’s motion.

Factual and Procedural Background

This is the third time this quiet title dispute has been before us. The tortuous details are set out more fully in our decisions in Leisnoi Inc. v. United States, 170 F.3d 1188, 1189-91 (9th Cir.1999) (“Leisnoi I ”), and Leisnoi, Inc. v. United States, 267 F.3d 1019, 1021-22 (9th Cir.2001) (“Leisnoi II ”), but the basic facts are as follows.

As an Alaska Native village…