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

No. CIV 10-3006-RAL.

787 F.Supp.2d 981 (2011)

State of SOUTH DAKOTA, County of Charles Mix, and City of Wagner, Plaintiffs, 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, and Yankton Sioux Tribe, Defendants.

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

March 31, 2011.

Attorney(s) appearing for the Case

Bobbi J. Rank , John P. Guhin , Attorney General of South Dakota, Pierre, SD, for Plaintiffs.

Amy S. Tryon , U.S. Department of Justice, Washington, DC, Cheryl Schrempp Dupris , U.S. Attorney's Office Pierre Office, Pierre, SD, Charles Thomas Abourezk , Abourezk Law Firm, Rapid City, SD, for Defendants.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART SUMMARY JUDGMENT MOTIONS AND REMANDING CASE

ROBERTO A. LANGE, District Judge.

I. INTRODUCTION

Plaintiffs State of South Dakota, County of Charles Mix, and City of Wagner (collectively "Plaintiffs") filed this action seeking declaratory and injunctive relief from the Department of the Interior's decision to take 39.9 acres of land into trust for the Yankton Sioux Tribe ("Tribe"). Defendants...

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