Larry Burks v. Dexter Payne, Director, Arkansas Division of Correction

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that plaintiff’s claim did not fall under the QTA because the plaintiff himself did not assert title to the disputed land
• holding that plaintiff satisfied zone-of-interest test by asserting “economic, environmental, and aesthetic harm as a nearby property owner”
• recognizing that “[l]and forms the basis of [tribal] economic life, providing the foundation for tourism, manufacturing, mining, logging, . . . and gaming”
• holding that when a statute “is not addressed to the type of grievance which the plaintiff seeks to assert, then the statute cannot prevent an APA suit”
• holding that sovereign immunity did not bar review of a trust decision and noting that challenges to such actions on the ground that “the Secretary’s decision to take land into trust violates a federal statute” are reviewable under the APA
• holding that sovereign immunity did not bar review of a trust decision and noting that challenges to such actions on the ground that “the Secretary’s decision to take land into trust violates a federal statute” are reviewable under the APA

Source: CourtListener parenthetical corpus (CC0).