KLAUSER ON BEHALF OF WHITEHORSE v. Babbitt

OPINION AND ORDER

CRABB, District Judge.

In this civil action, plaintiff David James Whitehorse Klauser asks the court for 1) a declaration that the amended Indian Land Consolidation Act, 25 U.S.C. § 2201-2211, is unconstitutional under the Fifth Amendment’s takings clause as the act applies to interests in real property owned by his deceased grandmother, Annie Greencrow Whitehorse, and 2) an injunction preventing the Department of the Interior from implementing the act with respect to those property interests. The case is presently before the court on the parties’ cross motions for summary…