Legal Opinion

Self v. Cher-AE Heights Indian Community etc.

California Court of Appeal

Decided January 26, 2021No. A158632Published

1Opinion of the Court

Filed 1/26/21 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE JASON SELF et al., A158632 Plaintiffs and Appellants, v. CHER-AE HEIGHTS INDIAN (Humboldt County Superior Court COMMUNITY OF THE TRINIDAD No. DR190353) RANCHERIA, Defendant and Respondent. The question in this case is whether sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe. We hold that the tribe’s sovereign immunity bars the action. Congress has not abrogated tribal immunity for a…

2Cases cited20 opinions

  1. Verlinden B. v. v. Central Bank of NigeriaSupreme Court of the United States · 1983
  2. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  3. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  4. Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.Supreme Court of the United States · 1991
  5. Schooner Exchange v. McFaddonSupreme Court of the United States · 1812

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