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COUNTY OF YAKIMA v. CONFEDERATED TRIBES AND BANDS OF THE YAKIMA INDIAN NATION

No. 90-408.

502 U.S. 251 (1992)

COUNTY OF YAKIMA et al. v. CONFEDERATED TRIBES AND BANDS OF THE YAKIMA INDIAN NATION

United States Supreme Court.

Decided January 14, 1992.

Attorney(s) appearing for the Case

Jeffrey C. Sullivan argued the cause for petitioners in No. 90-408 and respondents in No. 90-577. With him on the briefs was John V. Staffan.

R. Wayne Bjur argued the cause for respondent in No. 90-408 and petitioner in No. 90-577. With him on the brief was Tim Weaver.

Edwin S. Kneedler argued the cause for the United States as amicus curiae in support of respondent in No. 90— 408 and petitioner in No. 90-577. With him on the brief were Solicitor General Starr, Acting Assistant Attorney General Hartman, Deputy Solicitor General Wallace, Peter R. Steenland, Jr., Robert L. Klarquist, and Edward J. Shawaker.†

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, O'Connor, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J., filed an opinion concurring in part and dissenting in part, p. 270.

Justice Scalia, delivered the opinion of the Court.

The question presented by these consolidated cases is whether the County of Yakima may impose an ad valorem tax on so-called "fee-patented" land located within the Yakima Indian Reservation, and an excise tax on sales of such land.

I

A

In the late 19th century, the prevailing national policy of segregating lands for the exclusive use and control of the

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