Ollestead v. Native Village of Tyonek

OPINION

BOOCHEVER, Chief Justice.

This appeal concerns the jurisdiction of the courts of Alaska to decide whether appellants are members of the Native Village of Tyonek (the Village) which was organized pursuant to the Act of June 18, 1934 (48 Stat. 984). 1

The superior court dismissed the action relying on Fondahn v. Native Village of Tyonek, 450 F.2d 520 (9th Cir. 1971), and Martinez v. Southern Ute Tribe, 249 F.2d 915 (10th Cir. 1957), which denied federal court jurisdiction of membership disputes. It concluded that authority to decide , such disputes lies solely with the tribe itself.…