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CATAWBA INDIAN TRIBE v. STATE

No. 26291.

372 S.C. 519 (2007)

642 S.E.2d 751

CATAWBA INDIAN TRIBE OF SOUTH CAROLINA, Respondent, v. The STATE of South Carolina and Henry D. McMaster, in his official capacity as Attorney General of the State of South Carolina, Appellants.

Supreme Court of South Carolina.

Decided March 19, 2007.

Rehearing Denied April 18, 2007.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert D. Cook, and Senior Assistant Attorney General C. Havird Jones, Jr., all of Columbia, for Appellants.

Dwight F. Drake and B. Rush Smith, III, both of Nelson, Mullins, Riley & Scarborough, LLP, of Columbia; Jay Bender, of Baker, Ravenel & Bender, LLP, of Columbia; Robert M. Jones, of Rock Hill; and Jim O. Stuckey, II, of Littler Mendelson, PC, of Columbia, for Respondent.

Justice BURNETT.

The State of South Carolina and Henry D. McMaster, in his official capacity as Attorney General of the State, (Appellants) appeal the circuit court's grant of summary judgment in favor of the Catawba Indian Tribe of South Carolina (Respondent). We certified the case for review from the Court of Appeals pursuant to Rule 204(b), SCACR, and we affirm in part and reverse in part.

FACTUAL/PROCEDURAL BACKGROUND

In 1993, after many...

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