Allen v. Fort Defiance Housing Corp.

This opinion concerns whether the Judicial Reform Act repealed a provision in the Forcible Entry and Detainer statute mandating treating an appeal as a “new case.” The Court holds it did not, and therefore will review a district court’s factual findings de novo consistent with the procedures announced in this opinion.

I

This case has been before the Court several times, and its tangled history need not be repeated here. See Fort Defiance Housing Corp. v. Allen, 8 Nav. R. 492 (Nav. Sup. Ct. 2004). The facts relevant to this opinion are that Appellant Mari Rachael Allen (Allen) appealed her…