Interior Regional Housing Authority v. Village of Dot Lake

MEMORANDUM **

Interior Regional Housing Authority (“IRHA”) appeals the district court’s dismissal of this action based on Federal Rule of Civil Procedure 12(b)(6) and Defendants cross-appeal based on the Rooker-Feldman doctrine. We have jurisdiction under 28 U.S.C. § 1291 . We vacate the district court’s order and dismiss the appeal and cross-appeal as moot. 1

The facts of the case are known to the parties and we do not repeat them here.

Even though IRHA’s last tenant moved out of the triplex and IRHA has since closed the triplex, IRHA argues that the appeal is not moot because the ground lease remains in effect and the triplex remains standing. Whether the ground lease is still in effect is irrelevant because the tribal ordinance does not affect the ground lease and no relief was requested in IRHA’s complaint regarding the ground lease. The fact that the triplex remains standing is also irrelevant because IRHA can demolish it if it so chooses. IRHA has set forth no additional basis for the court to conclude that any live controversy exists. See Deakins v. Monaghan, 484 U.S. 193, 199 , 108 S.Ct. 523 , 98 L.Ed.2d 529 (1988) (stating that federal courts are limited to the…