United States v. Torlaw Realty, Inc.

MEMORANDUM *

Defendant-Appellant Kim Lawson, Jr. appeals the district court’s summary adjudication orders, dated August 7, 2006, and November 30, 2006, and its Findings of Fact and Conclusions of Law and Judgment, dated March 21, 2007, 483 F.Supp.2d 967 , in favor of Plaintiff-Appellee United States of America. 1 For the following reasons, we affirm.

1. The district court properly enjoined Lawson’s operation of a waste disposal facility on allotment TM 314, as the land use agreement he formed with the allottees constituted a commercial lease in all but name and lacked the required approval from the Bureau of Indian Affairs. Pursuant to 25 U.S.C. § 415 (a) and 25 C.F.R. § 162.104 (d), commercial occupation and use of allotted land by anyone other than an allottee requires a BIA-approved lease. See Seva Resorts, Inc. v. Hodel, 876 F.2d 1394, 1397 (9th Cir.1989); see also Brown v. United States, 86 F.3d 1554, 1556 (Fed.Cir.1996). Neither 25 C.F.R. § 162.104 (b) nor 25 C.F.R. § 162.103 (a)(4) exempts Lawson Enterprises from this requirement, as the entity consists in part of individuals who are not allottees. Undisputed facts establish that Lawson and his brother, in the name of…