Blackfeet Nation plans housing case rehearing

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)

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