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COUNTY OF CHARLES MIX v. U.S. DEPT. OF INTERIOR

No. 11-2217.

674 F.3d 898 (2012)

COUNTY OF CHARLES MIX, Appellant, v. UNITED STATES DEPARTMENT OF the INTERIOR; Larry Echo Hawk, in his official capacity as Assistant Secretary of Indian Affairs; Michael Black, in his official capacity as Regional Director, Great Plains Region; Ben Kitto, in his official capacity as Superintendent of the Yankton Agency of the Bureau of Indian Affairs, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 6, 2012.

Attorney(s) appearing for the Case

Tommy Drake Tobin , argued, Winner, SD, Pamela Hein , State's Attorney, on the brief, Lake Andes, SD, for Appellant.

John Emad Arbab , argued, Elizabeth Ann Peterson , on the brief, USDOJ, Environmental & Natural Resources Division, Washington, DC, for Appellees.

Before MURPHY and GRUENDER, Circuit Judges, and ROSS, District Judge.

MURPHY, Circuit Judge.

The Yankton Sioux Tribe requested that the Bureau of Indian Affairs (BIA) acquire 39 acres of land located in Charles Mix County, South Dakota in trust for the tribe pursuant to § 5 of the Indian Reorganization Act (the Act). The county and the state opposed this request. The BIA granted it, however, and that decision was affirmed by the Interior Board of Indian Appeals. The county then sued the United States Department of the Interior...

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