MATTER OF CITY OF NOME, ALASKA

No. S-2651.

780 P.2d 363 (1989)

In the Matter of 1981, 1982, 1983, 1984 and 1985 DELINQUENT PROPERTY TAXES OWED TO the CITY OF NOME, ALASKA.

Supreme Court of Alaska.

Rehearing Denied December 5, 1989.


Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner, Robert T. Anderson and Bart K. Garber, Native American Rights Fund, Anchorage, and Lloyd Miller, Sonosky, Chambers, Sachse & Miller, Anchorage, for appellant.

Brooks W. Chandler, Hicks, Boyd, Chandler & Falconer, Anchorage, for appellee.

Before MATTHEWS, C.J., and RABINOWITZ, BURKE, COMPTON and MOORE, JJ.


OPINION

COMPTON, Justice.

The City of Nome (City) brought an action in rem to foreclose on two tracts of land owned by Nome Eskimo Community (NEC), a group of Natives organized under the Indian Reorganization Act (IRA), 25 U.S.C. §§ 461-479. NEC moved to dismiss the action on a number of grounds, and the motion was denied.

On appeal, NEC argues, among other things, that section 16 of the IRA bars the city from foreclosing on lands...

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