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OCCANEECHI BAND v. COM'N OF INDIAN AFFAIRS

No. COA00-561.

551 S.E.2d 535 (2001)

OCCANEECHI BAND OF THE SAPONI NATION, Petitioner, v. NORTH CAROLINA COMMISSION OF INDIAN AFFAIRS, Respondent.

Court of Appeals of North Carolina.

August 21, 2001.

Attorney(s) appearing for the Case

McSurely & Osment, Alan McSurely and Ashley Osment, Chapel Hill, for petitioners-appellants.

Michael F. Easley, Attorney General, by D. David Steinbock, Assistant Attorney General, for the State.

BIGGS, Judge.

This appeal arises from the trial court's order affirming the Final Agency Decision of the North Carolina Commission of Indian Affairs which denied tribal recognition to the Occaneechi Band of the Saponi Nation. For the reasons stated herein, we reverse the decision of the trial court and remand this matter for an order consistent with this opinion.

Pertinent facts and procedural history are as follows: In January 1990, the Eno Occaneechi Indian...

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