Suit over roads dispute dismissed

Federal appeals court affirms early decision involving BIA letter

A federal appeals court on Wednesday affirmed a lower court’s ruling that Pojoaque Valley residents do not have standing to bring a lawsuit over longtime road disputes with San Ildefonso Pueblo.

The 10th U.S. Circuit Court of Appeals, in a 3-0 decision, dismissed the claims of a nonprofit representing several hundred valley residents, affirming a U.S. District Court ruling from January 2016 without prejudice, meaning the plaintiffs could refile their lawsuit.

The dispute stems from a 2013 letter sent by the Bureau of Indian Affairs to Santa Fe County, declaring certain county roads to be in trespass with pueblo land.

The county has contested that, and the lack of resolution has threatened to hold up county funds for the multimillion-dollar regional water system planned for the area as part of the Aamodt water settlement. County, pueblo and federal officials held closed-door meetings last week to discuss the disputes.

Area residents filed suit over the letter, alleging the Bureau of Indian Affairs had clouded the titles to their properties. The appeals court found a review of the letter “demonstrates that the BIA’s action was not final, which means judicial review is not available at this time.”

Dori Richards, one of two attorneys representing the residents, said she was surprised by the decision.

“Everyone wants to say it’s a dispute between the tribe and county,” Richards said. “But when two elephants fight, the grass underneath gets trampled. … These are people who need to get to their homes or sell their homes or enjoy the normal type of property rights we have every day.”

Chief Judge Timothy M. Tymkovich of Colorado wrote the decision for the appeals court. Judges Robert E. Bacharach and Nancy L. Moritz concurred.