indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Minn. tribe wins another round in reservation dispute
Wednesday, March 10, 2004

A federal appeals court on Tuesday rejected a Minnesota county's attempt to wipe most of the Mille Lacs Ojibwe Reservation off the map.

In a unanimous decision, a three-judge panel of the 8th Circuit Court of Appeals dismissed the contentious lawsuit, which has cost taxpayers in Mille Lacs County more than $1 million in legal fees. The court determined that the county, along with a private bank, had no standing to challenge the boundaries of the reservation.

The suit, the court concluded, amounted to mere speculation and rumor about the tribe's plans for 61,000 disputed acres. "Neither the county nor the bank has shown that it is in immediate danger of sustaining threatened injury traceable to an action of the band," wrote Judge Lavenski R. Smith for the majority.

But the decision left open the possibility that the case, which has strained tensions among Indian and non-Indian residents, could be submitted in the the future. The judges dismissed the suit without prejudice, meaning the county and the bank could claim they are being harmed by the tribe's use of its own land.

Melanie Benjamin, the tribe's chief executive, praised the court's ruling. "I hope we can put this lawsuit behind us and find a way to move forward in a new spirit of respect and cooperation in Mille Lacs County," she said in a statement.

County officials, however, are considering a possible appeal to the U.S. Supreme Court. In recent years, the justices have rejected similar suits that seek to diminish the boundaries of reservations.

Minnesota attorney general Mike Hatch, a Democrat, sided with the county and the bank in the dispute, which originated in fears that the tribe would assert greater authority over non-Indians within reservation boundaries. The state previously challenged, and lost, a major Ojibwe fishing rights decision before the Supreme Court in 2000.

South Dakota attorney general Larry Long, a Republican, also supported the county. Long's predecessor won a 1998 Supreme Court ruling that reduced the boundaries of the Yankton Sioux Reservation, and in a related dispute, Long continues to battle the Lower Brule Sioux Tribe's attempt to restore land that was once part of its reservation. That case has been in the courts for more than 10 years.

The dispute over the Mille Lacs Ojibwe Reservation centers over 61,000 acres that the county claims does not belong to the tribe. The county says it has been led to believe that the reservation is only 4,000 acres.

The larger reservation threatens the county's tax base and legal authority, the county argues. Local officials say the tribe will seek to impose stringent environmental standards for air and water. They also believe the tribe will assert jurisdiction over non-Indians.

The tribe has applied for a "treatment as state" designation from the Environmental Protection Agency. But the federal courts have already ruled that this designation is well within tribal authority.

Get the Decision:
COUNTY OF MILLE LACS v. BENJAMIN (March 9, 2003)

Case Documents:
COUNTY OF MILLE LACS v. BENJAMIN (8th Circuit)

Relevant Links:
Mille Lacs Band of Ojibwe - http://www.millelacsojibwe.org

Copyright 2000-2004 Indianz.Com
More headlines...

Latest Headlines:

Cronkite News: Officials emphasize safety as Trump returns to Arizona for rally
Gyasi Ross: Vice failed to ask Native people for thoughts about Mount Rushmore
Steven Newcomb: History center hides the truth about colonization in California
Puyallup elder Nancy Shippentower pens tribute to the late warrior Dick Gregory
Native business leader J.D. Colbert announces campaign for Congress in Texas
Tim Giago: The future of tribal sovereignty depends on who we send into office
Mark Trahant: Native candidates face uphill battles in the era of Donald Trump
Mark Charles: Bigotry sent Trump to the White House and it's keeping him there
YES! Magazine: Statistics show White people are safer in diverse communities
Johnny Rustywire: A visit to a pawn shop rekindles memories of making jewelry
Tiffany Midge: Presenting some options for those pretending to be indigenous
Tom Cook: Sun Dances demonstrate resilience and generosity of Lakota people
Navajo Nation leaders urge reflection as rare solar eclipse crosses United States
Crow Tribe pushes Trump administration to revive contested coal export project
Pokanoket Nation establishes encampment on land owned by Brown University
Comanche Nation sues over last-minute approval of Chickasaw Nation casino
New York governor refuses to meet with Seneca Nation amid gaming dispute
Indian Country warms up to legislation to repeal federal ban on sports betting
Another former leader of Winnebago Tribe sentenced for theft of gaming funds
Muscogee Nation seeks to disenroll citizen who leads rival Kialegee Tribal Town
DNA links present-day Pueblo populations to ancestral homeland at Mesa Verde
Supreme Court justice speaks at Trump hotel before hearing Trump travel ban
President Trump doubles down with defense of 'beautiful' Confederate symbols
Department of Justice invites more tribes to gain acccess to criminal databases
News21: Tribes fight for clean water and more funds from federal government
Tad Lemieux: Inuit community wins landmark court decision on consultation
Charles Kader: Another film trafficks in marginalized death in Indian Country
Peter d'Errico: Asserting sovereignty under the watchful eyes of domination
Secretary Zinke condemns White supremacists but vows 'support' for Trump
Muscogee Nation raids allotment and makes arrest in dispute over casino bid
Mississippi Choctaw citizens win court decision to put new casino to a vote
Eastern Pequot Tribal Nation questions legality of new casino in Connecticut
Nez Perce Tribe shares $409,000 in gaming revenues for education programs
WNV: Puyallup Tribe enters battle against natural gas terminal in Washington
Mark Trahant: Learning from history to see why the Trump presidency is over
Harold Monteau: Donald Trump needs White supremacists to remain in office
Trump defends groups 'innocently' protesting removal of Confederate statue
New York Times turns to Native Americans for Conversation on Race project
Crow Tribe votes on potential changes to constitution despite court decision
Grand Traverse Band wasn't consulted about visit by Columbus replica ships
Sisseton Wahpeton Oyate celebrates release of bald eagle that had been shot
Klamath Tribes break ground on hotel as part of long-term casino expansion
Wilton Rancheria continues to see litigation over casino project in California
Energy firm seeks to keep illegal pipeline in place over objections of landowners
North Dakota secures $10 million in federal funds to pay for #NoDAPL response
Arne Vainio: Tough patient turns out to be a warrior with a promise to his brother
Mary Annette Pember: True Sioux Hope Foundation brings donors to Pine Ridge
Steve Russell: Poverty in Indian Country -- and in America -- is really about race
Dakota Access Pipeline dragging out dispute over disturbance of tribal artifacts
Trump offers late rebuke to 'White supremacists' as industry leaders quit council
Seneca Nation citizen maintains 5-year protest against NFL team's racist legacy
Oneida Nation starts construction of third casino as outlet mall remains on hold
Mashpee Wampanoag Tribe still confident as Trump team reviews casino plan
Tribes report mixed results in slot machine revenues at casinos in Connecticut
Trump administration abandons tribes in battle over boundaries of reservation
Yurok Tribe forced to rely on outside salmon again as yearly festival approaches
Zenobia Jeffries: Media must be honest about planned race riot in Charlottesville
DVIDS: Military partnership brings health care to Round Valley Indian Reservation
Sandra LaFleur: Let's return to our traditions by restoring power to Native women
Harold Monteau: Democrats need to get their act together in new election season
Northern Arapaho Tribe reclaims remains of students who died at Carlisle school
Elouise Cobell's family brings Presidential Medal of Freedom to Blackfeet Nation
Department of Justice opens civil rights investigation into Charlottesville death
Muscogee Nation issues citizenship to former police officer accused of murder
Tim Giago: Broken treaties remain among America's deepest and darkest secrets
Oglala Sioux Tribe secures restitution for funds stolen by former district official
Appeals court schedules hearing in long-running Mechoopda Tribe gaming case
Pit boss and patron plead in blackjack scam at Sisseton Wahpeton Oyate casino
Doug Steiger: Reform the Indian Health Service by looking at tribal success stories
Young indigenous activist fights Trump administration in climate change lawsuit
Kialegee Tribal Town warned not to engage in gaming on allotment in Oklahoma
>>> more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.