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City of Ketchikan v. Cape Fox Corp.

Citations: 85 F.3d 1381; 96 Cal. Daily Op. Serv. 3611; 96 Daily Journal DAR 5951; 1996 U.S. App. LEXIS 11803; 1996 WL 325829Docket: No. 94-35316

Court: Court of Appeals for the Ninth Circuit; May 23, 1996; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by the City of Ketchikan against a district court's summary judgment favoring Cape Fox Corporation concerning the land conveyance under the Alaska Native Claims Settlement Act (ANCSA), specifically 43 U.S.C. § 1613(c). The dispute centers on 38 acres where the City operates its Beaver Falls hydroelectric powerhouse. Under ANCSA, Village Corporations must reconvey surface titles to qualifying occupants, but the City claims entitlement based on the site being a primary place of business or qualifying as a nonprofit organization. The court ruled that the powerhouse does not qualify as the primary place of business since the downtown office was the central hub of activities in 1971. Additionally, Ketchikan does not meet the criteria for a nonprofit organization, as it operates under municipal corporation status. The court emphasized interpreting statutory language in context and in favor of Native tribes. The City's previous benefits under ANCSA, such as a buffer zone and federal license, were also considered. Consequently, the court affirmed the summary judgment for Cape Fox, concluding the City's claims lacked merit under the statute.

Legal Issues Addressed

Equitable Considerations in Land Ownership Disputes

Application: The court considers the existing protections and benefits the City has under ANCSA when rejecting its land claim.

Reasoning: The City has benefited from protections under the Alaska Native Claims Settlement Act (ANCSA), including a unique six-mile buffer zone around its boundaries.

Interpretation of Primary Place of Business under ANCSA

Application: The court determines that the term 'primary place of business' refers to the central location of business activities, not merely where significant operations occur.

Reasoning: The opinion notes that while jurisdictional definitions provide some insight, they are not directly applicable, as ANCSA's language differs from that in 28 U.S.C. § 1332(c).

Reconveyance to Nonprofit Organizations under ANCSA

Application: The court holds that Ketchikan does not qualify for reconveyance under ANCSA as a nonprofit organization since it operates as a municipal corporation.

Reasoning: The City, organized as a municipal corporation under Alaska statutes, does not meet the criteria for nonprofit status.

Statutory Interpretation and Congressional Intent

Application: Statutory language must be interpreted in context, considering the entire statute, with ambiguities resolved in favor of Native tribes.

Reasoning: The court emphasized interpreting statutory language not in isolation but in context, considering the statute as a whole.

Summary Judgment Standard

Application: The court affirms summary judgment in favor of Cape Fox Corporation, as the City failed to establish its claim under ANCSA provisions.

Reasoning: The court affirms the summary judgment in favor of Cape Fox, rejecting Ketchikan's argument that its Beaver Falls site constitutes the primary place of business for the entire City or Ketchikan Public Utilities (KPU).