Rosales

MEMORANDUM *

Plaintiffs-Appellants Walter Rosales et al., appeal from an order of the district court granting the United States’ motion for summary judgment and dismissing their claims. Because we find that the Jamul Indian Village (the “Village”) is a necessary and indispensable party pursuant to Fed.R.Civ.P. 19, we affirm the district court’s order dismissing this action. Although the district court did not address whether the Village was a necessary and indispensable party, we have authority to address the issue on appeal. See Pit River Home and Agric. Coop. Assoc. v. United States, 30 F.3d 1088, 1099 (9th Cir.1994).

The Village is a necessary party pursuant to Rule 19(a)(2)®, which provides that an absent party is necessary if “the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may ... as a practical matter impair or impede the person’s ability to protect that interest[.]” Fed.R.Civ.P. 19(a)(2)®. The Village has claimed jurisdiction over the parcel of land at issue in this action since at least 1981. This interest would be impaired if Appellants were declared to be the beneficial…