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NAVAJO NATION v. U.S.

No. 2010-5036.

631 F.3d 1268 (2011)

The NAVAJO NATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 10, 2011.

Attorney(s) appearing for the Case

Dale S. Zeitlin, Zeitlin & Zeitlin PC, of Phoenix, AZ, argued for plaintiff-appellant.

Mary Gabrielle Sprague, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With her on the brief were Ignacia S. Moreno, Assistant Attorney General, and Elizabeth Ann Peterson, Attorney.

Before DYK, MAYER, and MOORE, Circuit Judges.

MAYER, Circuit Judge.

The Navajo Nation appeals a judgment of the United States Court of Federal Claims denying its claim seeking damages for an alleged Fifth Amendment taking of its right to develop land granted to it by the United States in 1934. See Navajo Nation v. United States, No. 88-CV-508 (Fed.Cl. July 13, 2009). Because we conclude that the claim is barred by the six-year statute of limitations set out in 28 U.S.C. § 2501, we vacate the judgment...

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