No. 21-1393

Clarence Alexander, et al. v. Gwitchyaa Zhee Corporation, et al.

Lower Court: Ninth Circuit
Docketed: 2022-04-29
Status: Denied
Type: Paid
Response Waived
Tags: alaska-native-claims-settlement-act due-process fifth-amendment judicial-review land-reconveyance native-participation native-rights recoupment village-corporations
Latest Conference: 2022-06-23
Question Presented (from Petition)

1. Do 43 U.S.C. § 1601(b) "decisions" settling individual Alaska Natives' 14(c) reconveyance claims "with maximum participation by Natives in decisions affecting their rights and property" mean the same as 43 U.S.C. § 1632(b) "[d]ecisions made by a Village Corporation to reconvey land under section 14(c) ", construed in harmony with, and not to thwart, the Fifth Amendment ?

2. If Fifth Amendment process due to individual Alaska Natives with 14(c) reconveyance claims is "maximum participation by Natives in decisions affecting their rights and property", does the Fifth Amendment restrain federal courts from barring, as untimely under 43 U.S.C. § 1632(b) , an illegality affirmative defense and a compulsory recoupment counter claim by individual Alaska Natives, challenging a Village Corporation's § 14(c) reconveyance decision denying "participation by Natives in decisions affecting their rights and property", as illegal and unconstitutional?

Question Presented (AI Summary)

Whether the decisions by Alaska Native Village Corporations under the Alaska Native Claims Settlement Act to reconvey land under Section 14(c) must comply with the Fifth Amendment's due process requirements

Docket Entries

2022-06-27
Petition DENIED.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-05-04
Waiver of right of respondents Gwitchyaa Zhee Corporation and Gwichyaa Zhee Gwich'in Tribal Government to respond filed.
2022-04-21
Petition for a writ of certiorari filed. (Response due May 31, 2022)

Attorneys

Clarence Alexander and Demetrie (Dacho) Alexander
James M. HackettJames M. Hackett Law Offices, Petitioner
Gwitchyaa Zhee Corporation and Gwichyaa Zhee Gwich'in Tribal Government
Lee C. BaxterSchwabe, Williamson & Wyatt, P.C., Respondent