Blackfeet Nation plans housing case rehearing

Wednesday, April 23, 2008  

The Blackfeet Nation of Montana is likely to ask the 9th Circuit Court of Appeals to rehear a tribal housing case.

In a March 19 decision, the tribe was found liable for faulty homes. The court said the tribe waived its sovereign immunity through a housing ordinance.

The tribe could appeal to the U.S. Supreme Court. But attorney Steve Doherty said a rehearing request is more likely.

Tribes across the nation are watching the case because they have housing ordinances that could open them up to lawsuits. They are also worried that the Department of Housing and Urban Development, which provided funds for the Blackfeet homes, is escaping liability.

Get the Story:
Sovereign immunity on trial (High Country News 4/22)

9th Circuit Decision:
Marceau v. Blackfeet Housing Authority (March 19, 2008)

Related Stories:
Court holds Blackfeet Nation liable for homes (3/20)
Letter: Blackfeet families living in faulty homes (2/29)
Blackfeet homes still infested with dangerous mold (12/17)
Class action housing lawsuit draws tribal interest (2/16)
Blackfeet housing authority seeks rehearing of case (8/29)
Blackfeet homeowners to discuss mold case (07/28)
Court opens Blackfeet housing authority to lawsuit (7/24)
Reservation homes threatened by dangerous mold (05/16)
Navajo Nation homes contaminated with mold (03/02)
Official cites 'tight' budget for Indian housing (2/9)
Reservation homes plagued by mold problems (12/03)
Indian housing funds see no major increase (11/24)
Congress restores Bush's cuts to Indian programs (11/22)
Bush says housing program he's cutting is 'working' (08/12)
Judge dismisses suit over bad homes at Blackfeet (01/23)