Block et al v. United States of America et al, No. 1:2021cv01025 - Document 32 (D.S.D. 2023)
Court Description: MEMORANDUM OPINION AND ORDER. Signed by U.S. District Judge Charles B. Kornmann on 10/13/2023. (CLR)
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Block et al v. United States of America et al Doc. 32 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 1 of 12 PageID #: 310 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA NORTHERN DIVISION BRUCE BLOCK and JANICE BLOCK, 1:21-CV-01025-CBK Plaintiffs, vs. UNITED STATES OF AMERICA;BUREAU OF INDIAN AFFAIRS; DEB HAALAND,in her official capacity as the Secretary ofthe U.S. Department ofthe Interior: BRYAN NEWLAND,in his official capacity as the Principal Deputy Assistant Secretary -Indian Affairs for the Department of the Interior; RUSSELL HAWKINS,in his official capacity as the Superintendent of the Sisseton Agency MEMORANDUM OPINION AND ORDER for the Bureau ofIndian Affairs; and TIMOTHY LAPOINTE,in his official capacity as the Great Plains Regional Director ofthe Bureau ofIndian Affairs; Defendants. INTRODUCTION Plaintiffs, enrolled members ofthe Sisseton-Wahpeton Sioux Tribe in Northeastern South Dakota, instituted this action on September 10,2021, pursuant to the Administrative Procedures Act, 5 U.S.C. ยง 702 etseq., seeking to compel the defendants to act on their November 18,2019, requests to partition six parcels oftrust property in which they hold an undivided ownership interest. The requests were received by the Bureau ofIndian Affairs("BIA")on November 20,2019. On November 24, 2021, prior to the filing of an Answer, this matter was stayed for 180 days to allow the Bureau of Indian Affairs("BIA")time to attempt to accomplish the requested partitions. On June 3, 2022,the parties filed a motion to extend the stay based upon the BIA's failure to complete the partition process. The motion was denied and defendants were ordered to file an answer to the complaint. Dockets.Justia.com Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 2 of 12 PageID #: 311 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 3 of 12 PageID #: 312 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 4 of 12 PageID #: 313 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 5 of 12 PageID #: 314 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 6 of 12 PageID #: 315 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 7 of 12 PageID #: 316 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 8 of 12 PageID #: 317 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 9 of 12 PageID #: 318 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 10 of 12 PageID #: 319 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 11 of 12 PageID #: 320 Case 1:21-cv-01025-CBK Document 32 Filed 10/13/23 Page 12 of 12 PageID #: 321
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