North Star Alaska, North Star Borough, Intervenor-Appellee v. United States, 9 F.3d 1430 (9th Cir. 1993). · Go Syfert
North Star Alaska, North Star Borough, Intervenor-Appellee v. United States, 9 F.3d 1430 (9th Cir. 1993). Cases Citing This Book View Copy Cite
“he little tucker act does not specifically authorize the district court to grant declaratory or equitable relief against the united states in contract cases.”
51 citation events (25 in the last 25 years) across 8 distinct courts.
Strongest positive: American Gold Label Foods, Inc. v. United States (flsd, 2024-12-23)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) American Gold Label Foods, Inc. v. United States
S.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
he little tucker act does not specifically authorize the district court to grant declaratory or equitable relief against the united states in contract cases.
examined Cited as authority (rule) Thakur v. Trump (3×)
9th Cir. · 2026 · confidence medium
A plaintiff “may sue the United States only if Congress has waived sovereign immunity for the lawsuit, and may bring its claim in federal district court only if Congress has provided for jurisdiction there.” N. Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir. 1993) (en banc) (per curiam).
discussed Cited as authority (rule) Thakur v. Trump
9th Cir. · 2025 · confidence medium
If the plaintiff’s rights and remedies, as alleged, “are statutorily or constitutionally based, then district[] courts have jurisdiction,” but if those rights and remedies “are contractually based then 4 Pursuant to the Little Tucker Act, district courts have “concurrent jurisdiction with the claims court for actions not exceeding $10,000.” N. Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir. 1993) (en banc) (per curiam) (citing 28 U.S.C. § 1346 (a)(2)). 9 25-4249 only the Court of Federal Claims does.” United Aeronautical, 80 F.4th at 1026 (emphasis in original).
discussed Cited as authority (rule) Thakur v. Trump
9th Cir. · 2025 · confidence medium
Beginning with “the source of the rights upon which the plaintiff bases its claims,” id., Plaintiffs contend that the form termination notices, which did not 4 Pursuant to the Little Tucker Act, district courts have “concurrent jurisdiction with the claims court for actions not exceeding $10,000.” N. Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir. 1993) (en banc) (per curiam) (citing 28 U.S.C. § 1346 (a)(2)). 9 25-4249 state any reason specific to the recipient for termination of their grants, violated their right to be free from arbitrary and capricious agency action.
discussed Cited as authority (rule) United Aeronautical Corp. v. Usaf (2×)
9th Cir. · 2023 · confidence medium
See Tuscon Airport, 136 F.3d at 646 ; N. Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir. 1993) (en banc) (per curiam).
discussed Cited as authority (rule) Annis v. Hamilton
E.D. Cal. · 2022 · confidence medium
See id.; N. Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (citing 28 21 U.S.C. § 1346 (a)(2)). 22 Plaintiff does not allege the existence of an express or implied contract with the United 23 States, nor does he assert a breach of such contract by the United States.
cited Cited as authority (rule) Grant County Black Sands Irrigation District v. United States
E.D. Wash. · 2008 · confidence medium
North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993).
discussed Cited as authority (rule) Gengler v. US EX REL. ITS DEPT. OF DEF. AND NAVY
E.D. Cal. · 2006 · confidence medium
Price, 894 F.2d at 324; [citations] However, the district court does have jurisdiction to hear claims for equitable relief which "rest [] at bottom on statutory rights." 9 F.3d 1430, 1432 (9th Cir.1993)(en banc)(emphasis added).
discussed Cited as authority (rule) Gengler v. United States ex rel. Department of Defense & Navy
E.D. Cal. · 2006 · confidence medium
Price, 894 F.2d at 324; [citations] However, the district court does have jurisdiction to hear claims for equitable relief which “rest [] at bottom on statutory rights.” 9 F.3d 1430, 1432 (9th Cir.1993)(en banc)(emphasis added).
cited Cited as authority (rule) Fleming v. Giles
9th Cir. · 2005 · confidence medium
A party “may sue the United States only if Congress has waived sovereign immunity for the lawsuit.” N. Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc) (per curiam).
discussed Cited as authority (rule) M-S-R Public Power Agency v. Bonneville Power Administration, an Agency of the United States, Columbia Falls Aluminum Company Goldendale Aluminum Company Kaiser Aluminum & Chemical Corporation Northwest Aluminum Company Reynolds Metals Company, Industrial Customers of Northwest Utilities, Intervenor v. Bonneville Power Administration, Alcoa Inc. v. Bonneville Power Administration, M-S-R Public Power Agency v. Bonneville Power Administration, M-S-R Public Power Agency v. Bonneville Power Administration, Alcoa Inc. v. Bonneville Power Administration, Columbia Falls Aluminum Company Goldendale Aluminum Company Kaiser Aluminum & Chemical Corporation Northwest Aluminum Company v. Bonneville Power Administration
9th Cir. · 2002 · confidence medium
Shadur, Senior United States District Judge for the Northern District of Illinois, sitting by designation 1 Alcoa, Inc., Columbia Falls Aluminum Company, Goldendale Aluminum Company, Kaiser Aluminum & Chemical Corporation, and Northwest Aluminum Company 2 Also referred to as section 5(b) of the Northwest Power Act 3 Also referred to as section 5(d) of the Northwest Power Act 4 Section 832m(a)(3)(B) identifies a second, potential source of excess federal power that is not relevant to this case 5 The EFP-Decision reiterated this process 6 The Sales Agreement identified M-S-R's annual energy need…
discussed Cited as authority (rule) Tucson Airport Authority, and City of Tucson v. General Dynamics Corporation, a Delaware Corporation, General Dynamics Corporation, Third-Party-Plaintiff-Appellant v. William Perry, Secretary of Defense Sheila E. Widnall, Secretary of the Air Force United States of America, Third-Party-Defendants-Appellees
3rd Cir. · 1998 · confidence medium
H20 Houseboat Vacations Inc. v. Hernandez, 103 F.3d 914, 916 (9th Cir.1996). 14 As the foregoing discussion makes clear, General Dynamics "may sue the United States only if Congress has waived sovereign immunity for the lawsuit, and may bring its claim in federal district court only if Congress has provided for jurisdiction there." North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc) [North Star Alaska II ].
discussed Cited as authority (rule) Tucson Airport Authority v. General Dynamics Corp.
9th Cir. · 1998 · confidence medium
As the foregoing discussion makes clear, General Dynamics “may sue the United States only if Congress has waived sovereign immunity for the lawsuit, and may bring its claim in federal district court only if Congress has provided for jurisdiction there.” North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc) [North Star Alaska II ].
discussed Cited as authority (rule) Tucson Airport Authority v. General Dynamics Corp. (2×) also: Cited "see"
D. Ariz. · 1996 · confidence medium
North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc) (per curiam) (“North Star Alaska II”); Transohio Savs.
cited Cited as authority (rule) Teitelbaum v. United States Department of Housing & Urban Development
D. Nev. · 1996 · confidence medium
North Star Alaska v. U.S., 9 F.3d 1430, 1432 (9th Cir.1993), (“North Star F).
cited Cited as authority (rule) Safeco Ins. Co. of America v. United States
9th Cir. · 1995 · confidence medium
North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc), cert. denied, 114 S.Ct. 2706 (1994).
discussed Cited as authority (rule) Janicki Logging Co. v. Bruce Mateer Dale Robertson
9th Cir. · 1994 · confidence medium
See Mendenhall, 857 F.2d at 1378-79 (action against the United States based on constitutional and contract claims was covered by CDA); Ingersoll-Rand Co. v. United States, 780 F.2d 74, 77-79 (D.C.Cir.1985) (despite claims to the contrary, an action was contractual and was covered by CDA); see also North Star Alaska v. United States, 14 F.3d 36, 37 (9th Cir.) (court must decide if a claim is statutorily or contractually based in order to determine Tucker Act jurisdiction), cert. denied, — U.S. -, 114 S.Ct. 2706 , 129 L.Ed.2d 834 (1994); North Star Alaska v. United States, 9 F.3d 1430, 1433 (9…
cited Cited as authority (rule) State of Alaska v. Babbitt
9th Cir. · 1994 · confidence medium
North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc).
cited Cited as authority (rule) Alaska v. Babbitt
9th Cir. · 1994 · confidence medium
North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc).
cited Cited as authority (rule) Kootznoowoo, Inc. v. Spang
9th Cir. · 1994 · confidence medium
North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc).
cited Cited as authority (rule) North Star Alaska, North Star Borough, Intervenor-Appellee v. United States
9th Cir. · 1994 · confidence medium
North Star Alaska v. United States, 9 F.3d 1430, 1433 (9th Cir.1993) (en banc).
cited Cited "see" Community Legal Services in East Palo Alto v. United States Department of Health and Human S
9th Cir. · 2025 · signal: see · confidence high
See N. Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir. 1993).
discussed Cited "see" Friant Water Authority v. Jewell
E.D. Cal. · 2014 · signal: see · confidence high
See N. Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993); see also Ministerio Roca Solida v. U.S. Dep’t of Fish & Wildlife, 288 F.R.D. 500, 505 (D.Nev.2013) (finding claims for declaratory and injunc-tive relief premised upon the Little Tucker Act are impliedly prohibited); see also Gengler v. U.S. ex rel. its Dep’t of Def. & Navy, 453 F.Supp.2d 1217, 1228 (E.D.Cal.2006).
cited Cited "see" Mallard Automotive Group, Ltd. v. United States
D. Nev. · 2004 · signal: see · confidence high
See North Star Alaska v. U.S., 9 F.3d 1430, 1432 (9th Cir.1993).
discussed Cited "see" M-S-R Public Power Agency v. Bonneville Power Administration
9th Cir. · 2002 · signal: see · confidence high
See N. Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc) (per curiam) ("Generally speaking, the Tucker Act does not permit the claims court to grant equitable or declaratory relief in a contract dispute case.''). .
cited Cited "see" Charles Wray v. Keith O'Dell
9th Cir. · 1997 · signal: see · confidence high
See North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir.1993) (en banc).
discussed Cited "see, e.g." Cheri Poe v. Northwestern Mutual Life Insurance Company
C.D. Cal. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Hagestad v. Tragesser, 49 9 F.3d 1430, 1434 (9th Cir. 1995); San Jose Mercury News, Inc. v. U.S. District Court 10 - Northern District, 187 F.3d 1096 , 1102 (9th Cir. 1999); Kamakana v. City and 11 County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good 12 cause” showing for sealing documents produced in discovery and attached to non- 13 dispositive motions from “compelling reasons” standard when merits-related 14 documents are part of the judicial record).
discussed Cited "see, e.g." Lake Mohave Boat Owners Association v. National Park Service
9th Cir. · 1996 · signal: see also · confidence low
Corp. v. United States, 178 Ct.Cl. 599 , 372 F.2d 1002, 1009 (1967)); see also North Star Alaska v. United States, 9 F.3d 1430 (9th Cir.1993) (en banc), cert. denied, --- U.S. ----, 114 S.Ct. 2706 , 129 L.Ed.2d 834 (1994).
discussed Cited "see, e.g." 95 Cal. Daily Op. Serv. 8143, 95 Daily Journal D.A.R. 14,011 Lake Mohave Boat Owners Association, Plaintiff-Appellee-Cross-Appellant v. National Park Service, Alan J. O'neill, Stanley Albright, Bruce Babbitt, Secretary of the Interior, and Seven Resorts, Inc., Defendants-Appellants-Cross-Appellees
9th Cir. · 1995 · signal: see also · confidence low
Corp. v. United States, 372 F.2d 1002, 1009 (1967)); see also North Star Alaska v. United States, 9 F.3d 1430 (9th Cir.1993) (en banc), cert. denied, --- U.S. ----, 114 S.Ct. 2706 , 129 L.Ed.2d 834 (1994).
discussed Cited "see, e.g." Lake Mohave Boat Owners Ass'n v. National Park Service
9th Cir. · 1995 · signal: see also · confidence low
Corp. v. United States, 372 F.2d 1002, 1009 (1967)); see also North Star Alaska v. United States, 9 F.3d 1430 (9th Cir.1993) (en banc), cert. denied, — U.S. -, 114 S.Ct. 2706 , 129 L.Ed.2d 834 (1994).
discussed Cited "see, e.g." Lake Mohave Boat Owners Ass'n v. National Park Service
9th Cir. · 1995 · signal: see also · confidence low
Corp. v. United States, 178 Ct.Cl. 599 , 372 F.2d 1002, 1009 (1967)); see also North Star Alaska v. United States, 9 F.3d 1430 (9th Cir.1993) (en banc), cert. denied, — U.S. -, 114 S.Ct. 2706 , 129 L.Ed.2d 834 (1994).
Retrieving the full opinion text from the archive…
NORTH STAR ALASKA, Plaintiff-Appellant, North Star Borough, Intervenor-Appellee,
v.
UNITED STATES of America, Defendant-Appellee
92-35082.
Court of Appeals for the Ninth Circuit.
Nov 23, 1993.
9 F.3d 1430
John Spencer Stewart and Christopher A. Rycewicz, Stafford, Frey, Cooper & Stewart, Portland, OR, for plaintiff-appellant., Mary K. Doyle, U.S. Dept, of Justice, Washington, DC, for defendant-appellee., Mark Andrews, Asst. Borough Atty., Fairbanks North Star Borough, AK, for interve-nor-appellee.
Wallace, Fletcher, Farris, Poole, Beezer, Hall, Wiggins, O'Scannlain, Fernandez, Rymer, Nelson.
Cited by 30 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #37,274 of 633,719
Citer courts: Ninth Circuit (2)
PER CURIAM:

North Star Alaska Housing Corporation (North Star) brought this action in district court seeking reformation of an Outlease it had entered into with the United States Army. The district court determined that it had no jurisdiction and dismissed the complaint without prejudice. North Star timely appeals. We have taken this ease en banc to resolve a conflict between North Side Lumber Co. v. Block, 753 F.2d 1482 (9th Cir.) (North Side Lumber), cert. denied, 474 U.S. 931, 106 S.Ct. 265, 88 L.Ed.2d 271 (1985), and Lehner v. United States, 685 F.2d 1187 (9th Cir.1982) (Lehner), cert. denied, 460 U.S. 1039, 103 S.Ct. 1431, 75 L.Ed.2d 790 (1983).

I

In 1986, North Star and the Secretary of the Army entered into an Outlease under which North Star was permitted to lease a portion of the Fort Wainwright Military Reservation for a period of 32 years. The document stated that 10 U.S.C. § 2667 authorized the Secretary to enter into the Outlease for the “sole purpose of constructing, operating and leasing 400 units of residential housing.” Among other things, the Outlease provided that North Star would be responsible for any taxes assessed against the leased property. North Star and the United States subsequently executed a second lease pursuant to 10 U.S.C. § 2828 by which North Star leased back to the United States the land and several units of residential housing.

When the Fairbanks North Star Borough (Borough) began taxing North Star’s interest in the housing project, North Star filed suit in district court seeking reformation of the Outlease. North Star claimed that the contract mistakenly cited 10 U.S.C. § 2667, instead of 10 U.S.C. § 2828, as the statutory authority for the first lease. On appeal, North Star argues that the government “had not and could not” make the required find[*1432] ings pursuant to section 2667 and that, absent reformation by the district court, the Outlease violates both section 2667 and article IV, section III, clause 2 of the United States Constitution. North Star concedes the purpose of the suit is to “escape ... the payment of taxes to the Borough.”

Believing its ability to tax the property would be placed in jeopardy if the court granted reformation, the Borough sought and was granted leave to intervene. Subsequently, both the United States and the Borough moved to dismiss North Star’s complaint for lack of subject matter jurisdiction. The district court granted the motion to dismiss on the ground that North Star’s prayer for equitable relief was contractual in nature and, according to our decision in North Side Lumber, was barred under the doctrine of sovereign immunity.

II

Subject matter jurisdiction determinations are subject to de novo review. United States v. Triple A Machine Shop, 857 F.2d 579, 583 (9th Cir.1988).

North Star may sue the United States only if Congress has waived sovereign immunity for the lawsuit, and may bring its claim in federal district court only if Congress has provided for jurisdiction there. North Side Lumber, 753 F.2d at 1484; Transohio Sav. Bank v. Director, Office of Thrift Supervision, 967 F.2d 598, 606 (D.C.Cir.1992) (Transohio).

North Star argues that the federal-question statute, 28 U.S.C. § 1331, and the Administrative Procedure Act, 5 U.S.C. § 702, provide both federal district court jurisdiction and a waiver of sovereign immunity. We confront the question whether Congress has waived immunity.

The government argues that the Tucker Act “expressly or impliedly” forbids the kind of relief North Star is seeking in the district court. The Tucker Act, which waives sovereign immunity and provides for claims court jurisdiction over certain claims, states:

The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.

28 U.S.C. § 1491(a)(1). Under the “Little Tucker Act,” the district court has concurrent jurisdiction with the claims court for actions not exceeding $10,000. 28 U.S.C. § 1346(a)(2); Price v. United States Gen. Serv. Admin., 894 F.2d 323, 324 (9th Cir.1990) (Pr ice).

Generally speaking, the Tucker Act does not permit the claims court to grant equitable or declaratory relief in a contract dispute case. See United States v. King, 395 U.S. 1, 89 S.Ct. 1501, 23 L.Ed.2d 52 (1969); United States v. Jones, 131 U.S. 1, 9 S.Ct. 669, 33 L.Ed. 90 (1889); Transohio, 967 F.2d at 608; cf. 28 U.S.C. § 1491(a)(2), (3) (authorizing equitable relief in limited circumstances). Similarly, the Little Tucker Act does not specifically authorize the district court to grant declaratory or equitable relief against the United States in contract cases. Price, 894 F.2d at 324; North Side Lumber, 753 F.2d at 1485. However, the district court does have jurisdiction to hear claims for equitable relief which “rest[] at bottom on statutory rights.” North Side Lumber, 753 F.2d at 1485 (construing Laguna Hermosa Corp. v. Martin, 643 F.2d 1376 (9th Cir.1981), and Rowe v. United States, 633 F.2d 799 (9th Cir.1980), cert. denied, 451 U.S. 970, 101 S.Ct. 2047, 68 L.Ed.2d 349 (1981)). To the extent that North Side Lumber conflicts with our earlier decision in Lehner, 685 F.2d at 1190, we reject Lehner and adopt the reasoning of North Side Lumber.

The Supreme Court’s opinion in Bowen v. Massachusetts, 487 U.S. 879, 108 S.Ct. 2722, 101 L.Ed.2d 749 (1988), upon which North Star relies, does not affect our analysis. Bowen involved section 704 and was not a contract case. Accordingly, the Court was not called upon to address section 702’s “impliedly forbids” limitation on the waiver of sovereign immunity.

[*1433] We remand to the panel to determine whether North Star’s claim is contractually or statutorily based, and any other issues presented by this appeal.

REMANDED TO PANEL.