Ta'an Kwach'an Chief Ruth Massie and the Ta'an council are in for another court battle over Massie's position as acting chief.

Bonnie Harpe is appealing the decision made last month by Yukon Supreme Court Justice Ron Veale that the Ta'an Kwach'an elders' council had the authority to appoint Massie as acting chief.

Harpe, who brought forward the original challenge, filed the appeal late last week.

Veale's decision came after a five-day hearing on the matter. Though the decision of the elders' council to appoint Massie as acting chief until an election was upheld, Veale stressed that the election for chief and deputy chief must proceed as soon as possible.

The election date is a decision of the elders' council, Massie told the Star previously.

The appeal was filed by Harpe's lawyer, Andre Roothman. It states that if Massie and the council want to participate in the appeal, a notice of appearance must be filed within 10 days of being served the appeal notice.

'If you fail to file a notice of appearance: (a) you are deemed to take no position on the appeal; and (b) the parties are not obliged to serve any further documents on you,' reads the document in addressing Massie and the council.

After Veale handed down his 32-page decision, Roothman said his client was interested in pursuing an appeal, though at between an estimated $25,000 and $30,000, financing could be an issue.

Harpe, a former chair of the Ta'an board, lost to Massie in the 2003 election for chief by only two votes.

She won a challenge of those results, arguing that a third candidate shouldn't have been allowed to seek the chief's seat because of a criminal record for an indictable offence.

Massie's role as chief was overturned. However, no Ta'an business could be conducted because the board of directors couldn't form a quorum since there was also no deputy chief after he resigned soon after the election.

It was then the elders' council appointed Massie as chief last May until an election could be held.

The election was to happen by last Oct. 30, but because the matter was in court, it was postponed.

Neither Massie nor Harpe could be reached for comment this morning to speak to the appeal or how it could impact the election.