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Mishewal Wappo
Up one level
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July 16, 2010: 3 Counties Seek Motion to Dismiss
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The Counties respectfully request that the Court dismiss the action filed by The
Mishewal Wappo Tribe of Alexander Valley (“Plaintiff”) pursuant to Fed. R. Civ. P.
12(b)(1), 12(b)(6), and 12(h)(3). Plaintiff alleges that the Secretary of the Interior’s 1959
termination of the Mishewal Wappo Tribe of Alexander Valley did not comply with the
California Rancheria Act (Pub. L. No. 85-671, 72 Stat. 619), a Congressional act authorizing
the termination of the Mishewal Wappo Tribe and forty other specifically enumerated
California rancherias. Am. Compl. at 3, ¶ 5; 4, ¶ 12; 23, ¶ 77; 30, ¶ 110. More than five
decades after the fact, Plaintiff now asks the Court to reverse the 1959 termination, bypass
Congress’s exclusive authority over tribal recognition matters, and direct that Plaintiff be
given immediate federal recognition, all available public lands within Plaintiff’s “historically
aboriginal land,” and the right to conduct casino-style gaming on such “restored lands.”
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Motion to Intervene / Mishewal Wappo v. Salazar
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June 5, 2009: Complaint
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