YANKTON SIOUX TRIBE, and its individual members, Plaintiffs-Appellees/Cross-Appellants,
United States of America, on its own behalf and for the benefit of the Yankton Sioux Tribe, Intervenor Plaintiff-Appellee,
v.
Scott J. PODHRADSKY, State's Attorney of Charles Mix County; C. Red Allen, member of the Charles Mix, South Dakota, County Commission; Keith Mushitz, member of the Charles Mix, South Dakota, County Commission; Sharon Drapeau, member of the Charles Mix, South Dakota, County Commission; M. Michael Rounds, Governor of South Dakota; Lawrence E. Long, Attorney General of South Dakota, Defendants-Appellants/Cross-Appellees,
Southern Missouri Waste Management District, Interested Party.
Rosebud Sioux Tribe, Amicus on behalf of Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: March 11, 2009.
Filed: August 25, 2009.
Attorney(s) appearing for the Case
Rebecca L. Kidder, Rapid City, SD, argued, for Appellee Yankton Sioux Tribe.
Mark E. Salter, Asst. U.S. Atty., Sioux Falls, SD, argued (Jan Leslie Holmgren, Asst. U.S. Atty., on the brief), Katherine Wade Hazard, U.S. Department of Justice, Washington, DC, for Intervenor Plaintiff-Appellee.
Tommy D. Tobin, Winner, SC, argued, for appellants Podhradsky, Allen, Mushitz, Drapeau and Southern Missouri Waste Management District.
John P. Guhin, Asst. Atty. Gen., Pierre, SD, argued (Meghan N. Dilges, Asst. Atty. Gen., on the brief), for appellants Long and Rounds.
Kenneth W. Cotton, Wipf & Cotton, Wagner, SD, on the brief, for Southern Missouri Waste Management District.
Terry L. Pechota, Pechota Law Office, Rapid City, SD, argued (Eric John Antoine, Rosebud Sioux Tribe, Rosebud, SD, on the brief), for Amicus on behalf of appellees.
Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
MURPHY, Circuit Judge.
In this action the Yankton Sioux Tribe (Tribe) and its members sought declaratory and injunctive relief against officials of Charles Mix County1 and the State of South Dakota2 in respect to the boundaries of the Yankton Sioux Reservation. In an earlier stage of the case we held that the Tribe's 1894 cession of certain land to the United States had diminished, rather than disestablished...
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