Final editing by Lou: August 1, 2000
APPELLATE COURT OF THE HOPI TRIBE
HOPI JURISDICTION
KEAMS CANYON, ARIZONA
| RUTH SMITH | ) | Case No. | |
| Appellant | ) | ||
| ) | 94CV000019 | ||
| v. | ) | 98AP000011 | |
| ) | |||
| JOYCE JAMES, DARLENE AHOWNEWA, | ) ) |
||
| and LORNA QUAMAHONGNEWA | ) ) |
||
| ) | OPINION AND ORDER | ||
| ) | |||
| Appellees | ) | ||
| ______________ | ) |
Before SEKAQUAPTEWA. Chief Judge, and LOMAYESVA and ABBEY, Judges.
OPENING STATEMENT
The foregoing opinion and order addresses two matters. First, we answer Appellees' Motion to Dismiss and, second, we decide the merits of the appeal from the final order granting Appellees exclusive use and occupancy rights to a tract of farm land in Hotevilla.
FACTUAL AND PROCEDURAL BACKGROUND
A. The Parties
Appellant, Ruth Smith, and Appellees, Joyce James, Darlene Ahownewa, and Lorna Quamahongnewa, are enrolled members of the Hopi Tribe from the Village of Hotevilla. Findings and Judgement,(F.J.), at 1. Appellees are the granddaughters of Martha Bolehongna, and the daughters of Mollie Honeyestewa, and currently reside on the Hopi Reservation. Amended Petition to Quiet Title and for Injunctive Relief, (Amend. Petition, at 1, 4) (James lives in Kykotsmovi, and Quamahongnewa and Ahownewa live in Hotevilla). Appellant is the daughter of Martha Bolehongna.
Appellant's Brief (Appellant B.), at 1. Appellant left the Hopi reservation in the 1938 (F.J. at 4) and now resides on the Yavapai-Apache Reservation with her husband Ted Smith, the Yavapai-Apache tribal chairman. Answer to Amended Petition to Ouiet Title and for Injunctive Relie