From Deseret News archives:
Terminated members of Ute Tribe dispute time limits on claims
Dennis Chappabitty, an Indian-rights attorney from Sacramento, Calif., says a law passed by Congress three years ago proves the statute of limitations hasn't even begun to run for lead plaintiffs Oranna Felter of Roosevelt, Cal Hackford of Whiterocks and hundreds of other terminated Uinta Band members and their descendants.
In 1954, the Ute Partition Act removed the names of 490 Uintas with less than 50 percent Ute blood from tribal rolls. The majority of them were children. Felter was 10 years old at the time
Chappabitty's latest legal brief says the court must recognize that federal law bars the statute of limitations "from running on any claim, including any claim in litigation pending on the date of enactment" of the 2004 Department of Interior statute.
The rule allows time for affected tribes or individual Indians to be furnished with an accounting of funds so they can determine whether there has been a loss.
His clients have yet to receive any such accounting from the federal government, said Chappabitty, adding the money they are owed could be in the multi-millions of dollars.
Federal Judge Richard W. Roberts dismissed their case last year on the grounds that the statute of limitations expired in 1967. However, an appellate court this past January reversed Roberts' ruling.
The appeals court ordered him to consider whether the terminated Uintas had access to their financial records and receive an accounting of what had transpired before ruling that the statute of limitations had run its course in the case.
In 1950, the federal Court of Claims handed down a $32 million "judgment" on behalf of the Ute Indian Tribe. In Chappabitty's recent brief before the court, he noted that the Court of Claims funds were ordered paid to the tribe at a time when his clients "were federally recognized members of the Uintah Band of Ute Indians."
Comments
- Tigers vs. Miners by the numbers 2:32 a.m.
- Springville vs. Dixie by the numbers 2:25 a.m.
- Wasatch vs. Juan Diego numbers 2:22 a.m.
- Mustangs vs. Tbirds by the numbers 2:02 a.m.
- Nuggets win after clock review 1:41 a.m.
- Robbery ends poorly for one suspect 1:20 a.m.
- Wednesday on TV 12:59 a.m.
- Integration is possible on TV 12:59 a.m.
- Herbert talks land issues in D.C. 12:59 a.m.
- Developer looking to buy RSL share 12:58 a.m.
- Utah group finds homes for orphans
- Pratt pleads not guilty to sex charges
- Y. tight ends talented tandem
- Hair-pulling raises more questions
- Jazz blow big lead, hang on
- Utes get extra motivation
- BYU soccer incident still popular
- Senators want food tax restored
- Lobo land like home for BYU lineman
- U. hopes to keep clicking
- House passes health care bill
266 - TCU showdown has big implications
188 - Lobo suspended
185 - Cougars crush hapless Cowboys
155 - Senators want food tax restored
153 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - No 'backlash' for pioneers, gays analogy
105 - S.L. vote pending on gay protections
104 - Utes pound winless Lobos
89
Applebee's Neighborhood Grill & Bar restaurants nationwide will honor...
Meghan McCain, the daughter of former presidential candidate John...
Tag would play hard, but only when he felt like it. This year's team seems to...
Sounds like a national championship for the Cougars. Look out Kansas and...
Chris, do you have any idea what this bill will do to our country? Do you...
Whittingham will have the team ready for Saturday. Unlike some coaches in...
I live in a country in Africa that the common person makes maybe 50 dollars a...
Perhaps the books by Sean, Glenn, and Rush are not for Sundays for the other...
While I agree that this is a move in the right direction, I am confused about...
BYU did look good. The tragedy of this team is that it takes them a beatdown...
HAs never targeted people with same gender attraction as individuals, what...
can't play when defense puts on pressure. He will throw interceptions. ...



You can be the first to comment on this story.