YANKTON SIOUX TRIBE v. PODHRADSKY

Nos. 08-1441, 08-1488.

606 F.3d 994 (2010)

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.

Filed: May 6, 2010.


Attorney(s) appearing for the Case

Pamela H. Hein, Dee Mulder, Lake Andes, SD, Tom D. Tobin, Winner, SD, for Charles Mix County.

John P. Guhin, Deputy Attorney General, Meghan N. Dilges, Asst. Attorney General, Pierre, SD, for State of South Dakota.

Mark E. Salter, AUSA, Sioux Falls, SD, for United States of America.

Rebecca L. Kidder, Charles Abourezk, Rapid City, SD, for Yankton Sioux Tribe.

Eric John Antoine, Rosebud, SD, Terry L. Pechota, Rapid City, SD, on the amicus briefs, for Rosebud Sioux Tribe.

Timothy R. Whalen, on the amicus brief, Lake Andes, SD, for The Frank Soukup Family Limited Partnership, Mark Van Duysen, and Dan Cimpl.

Kenneth Wayne Cotton, on the amicus brief, Wagner, SD, for Southern Missouri Waste Management District.

Scott J. Podhradsky, on the amicus brief, Wagner, SD, for Wagner Community School District No. 11-4.

Michael James Whalen, on the amicus brief, Rapid City, SD, for Charles Mix Electric Association.

Sandy Steffen, Gregory, SD, Susan W. Phalke, Winner, SD, Michael B. Strain, White River, SD, Gay K. Tollefson, Martin, SD, on the amicus briefs, for Tripp County, Gregory County, Mellette County and Bennett County, SD.

Craig Parkhurst, on the amicus brief, Armour, SD, for Cities Dante, Geddes, Lake Andes, Pickstown Platte, Rivinia and Wagner.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.


AMENDED OPINION

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...

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