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YANKTON SIOUX v. WASTE MANAGEMENT DIST.

No. CIV 94-4217.

890 F.Supp. 878 (1995)

The YANKTON SIOUX TRIBE, a Federally Recognized Tribe of Indians, and its Individual Members, and Darrell E. Drapeau, Individually, a Member of the Yankton Sioux Tribe, Plaintiffs, v. SOUTHERN MISSOURI WASTE MANAGEMENT DISTRICT, a Non-profit Corporation, Defendant. SOUTHERN MISSOURI WASTE MANAGEMENT DISTRICT, Third-Party Plaintiff, v. STATE OF SOUTH DAKOTA, Third-Party Defendant.

United States District Court, D. South Dakota, Southern Division.

June 14, 1995.

Attorney(s) appearing for the Case

James G. Abourezk, Robin L. Zephier, Abourezk Law Offices, Rapid City, SD, for plaintiff.

Kenneth W. Cotton, Wipf & Cotton, Wagner, SD, for defendant and third-party plaintiff.

Roxanne Giedd, John P. Guhin, Charles D. McGuigan, Atty. Gen. Office, Pierre, SD, for third-party defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

The central issue in this case is whether the Yankton Sioux Reservation, created by the 1858 Treaty between the United States and the Yankton Sioux Tribe, was disestablished and returned to the public domain on August 15, 1894, when the Fifty-Third Congress ratified a December 31, 1892 Agreement with the Yankton Sioux for the sale of surplus lands. The Court holds that the 1894 Act did not disestablish...

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