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Top court hears Wampanoag sovereignty case
Thursday, September 9, 2004
The Massachusetts Supreme Judicial Court heard oral arguments on Wednesday in the Aquinnah Wampanoag Tribe's sovereignty case.
The tribe is asserting control over land within its settlement reservation. But the town of Aquinnah wants to impose zoning and building regulations on the tribe.
A lower court judge held that the tribe cannot be sued for ignoring the city. He said the tribe's sovereign immunity was not waived.
The town counters that the Congress gave the state authority over the reservation. The tribe's settlement act grants criminal and civil jurisdiction to the state.
A decision is expected in several months.
Get the Story:
Tribe pleads land suit in SJC
(The Cape Cod Times 9/9)
Court Decision:
Town
of Aquinnah v. Gay Head Wampanoag Tribe (June 11, 2003)
Related Stories:
Aquinnah Wampanoag Tribe plans new buildings
(03/12)
Mass. high court
to hear tribal immunity case (2/27)
State to intervene in Wampanoag sovereignty
case (01/09)
Mass. town urged to
appeal tribal immunity ruling (12/05)
Mass. court upholds Wampanoag Tribe's
sovereignty (11/06)
Dershowitz:
Judge may be wrong on Wampanoag case (07/22)
Mass. town argues for jurisdiction
over tribe (7/21)
Mass.
judge asked to reconsider sovereignty ruling (06/24)
Mass. court affirms tribe's
sovereignty (6/18)
Mass. tribe argues for sovereign
rights on land (02/14)
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