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SOUTH DAKOTA v. U.S. DEPT. OF INTERIOR

No. CIV 04-4073-KES.

401 F.Supp.2d 1000 (2005)

State of SOUTH DAKOTA and Moody County, South Dakota Plaintiffs, v. UNITED STATES DEPARTMENT OF INTERIOR; David W. Anderson, Assistant Secretary-Indian Affairs; and Regional Director, Great Plains Regional Office, BIA; Defendants.

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

November 18, 2005.

Attorney(s) appearing for the Case

John P. Guhin, Lawrence E. Long, Roxanne Giedd, Attorney General's Office, Pierre, SD, William J. Ellingson, Moody County States Attorney, Flandreau, SD, for Plaintiffs.

Cheryl Schrempp Dupris, U.S. Attorney's Office, Pierre, SD, Judith Rabinowitz, Environmental & Natural Resources Division, Indian Resources Section Department of Justice, San Francisco, CA, Priscilla A. Wilfahrt, Department of Interior Office of the Field Solicitor, Ft. Snelling, MN, for Defendants.

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT TO DEFENDANTS

SCHREIER, District Judge.

Plaintiffs filed this action challenging the Department of Interior's decision to take land into trust for the Flandreau Santee Sioux Tribe (FSST). Plaintiffs move for summary judgment. Defendants oppose the motion.

BACKGROUND

On December 21, 2000, FSST purchased 310 acres of land that is contiguous...

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