PATCHAK v. SALAZAR

No. 09-5324.

632 F.3d 702 (2011)

David PATCHAK, Appellant v. Kenneth Lee SALAZAR, in his official capacity as Secretary of the United States Department of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 2011.


Attorney(s) appearing for the Case

John J. Bursch argued the cause for appellant. With him on the briefs was Daniel P. Ettinger.

Aaron P. Avila , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief was Elizabeth Ann Peterson , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Edward C. DuMont argued the cause for appellee Match-E-Be-Nash-She-Wish band of Pottawatomi Indians. With him on the brief were Seth P. Waxman , Demian S. Ahn , Conly J. Schulte , and Shilee T. Mullin.

John H. Dossett and Riyaz A. Kanji were on the brief for amicus curiae National Congress of American Indians in support of appellees.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.


RANDOLPH, Senior Circuit Judge:

The district court dismissed David Patchak's suit to prevent the Secretary of the Interior from holding land in trust for an Indian tribe in Michigan. Patchak's appeal presents two jurisdictional issues: whether, as the district court held, he lacks standing; and whether, if he has standing, sovereign immunity bars his suit.

The land consists of 147 acres in Wayland Township, Michigan, a rural, sparsely populated farming community...

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