LEECH LAKE BAND OF CHIPPEWA INDIANS v. CASS COUNTY

No. 5-95 CIV 99.

908 F.Supp. 689 (1995)

LEECH LAKE BAND OF CHIPPEWA INDIANS, Plaintiff, v. CASS COUNTY, MINNESOTA and, in their official capacities, Sharon K. Anderson, Cass County Auditor; Marge L. Daniels, Cass County Treasurer; Steve Kuha, Cass County Assessor; and John Stranne, James Demgen, Glenn Witham, Erwin Ostlund and Virgil Foster, Cass County Commissioners, Defendants.

United States District Court, D. Minnesota, Third Division.

December 5, 1995.


Attorney(s) appearing for the Case

Jacobson, Buffalo, Schoessler & Magnuson, Ltd. by James M. Schoessler, Minneapolis, Minnesota, appeared on behalf of Leech Lake Band of Chippewa Indians.

Earl E. Maus, Cass County Attorney by Earl E. Maus, Walker, Minnesota, appeared on behalf of Cass County.

Cannon, Kunz & Fischer by Peter W. Cannon, Mahnomen, MN, for amicus curiae White Earth Band of Chippewa Indians.

Department of Justice by Judith Rabinowitz, Washington, DC, for amicus curiae United States of America.


ORDER

ALSOP, Senior District Judge.

This matter comes before the Court on Plaintiff Leech Lake Band of Chippewa Indians' motion for summary judgment. The Leech Lake Band of Chippewa Indians (hereinafter the "Band") argues that the ad valorem tax recently imposed by Cass County on land owned by the Band violates principles of Native American sovereignty and is impermissible under existing case law. Cass County argues that, pursuant to recent United...

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