Boyd v. Chehalis Tribal Housing Authority, (1999)

• Decision Date: 12 May 1999
• Docket Number: CHE-CIV-7/98-109
• Parties: ALVIN RODNEY BOYD & VIRGINIA NALL, APPELLANTS v. CHEHALIS TRIBAL HOUSING AUTHORITY, RESPONDENT
• Court: Chehalis Tribal Court of Appeals

ALVIN RODNEY BOYD & VIRGINIA NALL, APPELLANTS v. CHEHALIS TRIBAL HOUSING AUTHORITY, RESPONDENT

No. CHE-CIV-7/98-109

The Chehalis Tribal Court of Appeals Chehalis Indian Reservation Oakville, Washington

May 12, 1999

SUMMARY

AppellantsAlvin Boyd and Virginia Nall appeal a trial court decision on the basis of inadequate notification.The court found that under the Chehalis Tribal Civil Procedure Code, both Appellants were adequately notified even though only Ms. Nall signed a notice of hearing.The court found that Ms. Nall was a person of suitable age and discretion residing in the same residence with Mr. Boyd and, therefore, notice to her was sufficient and adequate notice to Mr. Boyd pertaining to an unlawful detainer action initiated against both of them.Appeal denied.

Before: Lawrence Numkena, Chief Justice; Darwin S. Long Fox Justice; Jerrie Simmons, Justice.

This matter came before the Chehalis Tribal Court of Appeals pursuant to Appellants' Notice of Appeal filed on April 16, 1999.Appellants appeal from the April 12, 1999, Writ of Restitution issued by the trial court on April 12, 1999.

I.PROCEDURAL BACKGROUND

On November 9, 1998, the trial court held a hearing on an Unlawful Detainer Complaint filed by the Chehalis Housing Authority against AppellantsRodney Boyd and Virginia Nall.Appellants did not appear at that hearing.In its Findings, Conclusions and Order filed on December 16, 1998, the Chehalis Tribal Court ordered Appellants to vacate .Appellants appealed that order on the ground that the trial court had made a procedural error when it notified Appellant orally, but not in writing, about the November 9th hearing.

This Court of Appeals, on February 22, 1999, held that oral notification of the hearing without further written notification constituted procedural error.The matter was remanded to the trial court for service of written notification and new hearing.

On March 8, 1999, Ms. Nall signed a document entitled "Notice of Hearing and Promise to Appear" at a hearing on April 12, 1999.Pursuant to the April 12th hearing, the trial court issued a Writ of Restitution restoring the property in question to the Housing Authority.This appeal followed on April 16, 1999.Appellants again allege inadequate notification, claiming that Mr. Boyd had not been served with the Notice of Hearing.

II.JURISDICTION

This Court has personal jurisdiction over Rodney Boyd because he is a member of the Chehalis Indian Tribe.This Court has personal jurisdiction over Virginia Nall because she resides on the Chehalis Indian Reservation.The act which is the subject of this appeal occurred within the exterior boundaries of...