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UNITED KEETOOWAH BAND OF CHEROKEE INDIANS v. HUD

No. 08-7025.

567 F.3d 1235 (2009)

UNITED KEETOOWAH BAND OF CHEROKEE INDIANS OF OKLAHOMA, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; Alphonso Jackson, Secretary of the United States Department of Housing and Urban Development; Orlando J. Cabrera, Assistant Secretary for Public and Indian Housing, Defendants-Appellees, Cherokee Nation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 5, 2009.

Attorney(s) appearing for the Case

James C. McMillin (Michael D. McClintock, Tamara Schiffner Pullin of McAfee & Taft, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellant.

Patricia Sharin Flagg, Senior Trial Attorney of U.S. Department of Housing and Urban Development, (Sheldon J. Sperling, United States Attorney, Linda A. Epperley, Assistant United States Attorney, Muskogee, OK, with her on the brief), Washington, D.C., for Defendants-Appellees.

A. Diane Hammons, Attorney General of Cherokee Nation, Tahlequah, OK, for Amicus Curiae.

Before KELLY, BRISCOE, and McCONNELL, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant, the United Keetoowah Band of Cherokee Indians of Oklahoma ("UKB"), is challenging a final agency action by the United States Department of Housing and Urban Development ("HUD") which drastically reduced the federal funding that the UKB received for housing under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), 25 U.S.C. §§ 4101-4243. The basis of the UKB's claim, in...

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