Law
10th Circuit dismisses Prairie Band fuel tax case


Correction: The case is over the fuel tax, not the car tags. The earlier posting incorrectly stated the car tag case was dismissed. That one is still pending.

The Prairie Band Potawatomi Nation's string of bad luck in the courts continued with the dismissal of its fuel tax case.

The tribe sued to stop the state of Kansas from collecting a tax on fuel distributed to the reservation. The 10th Circuit Court of Appeals ruled in the tribe's favor.

But the U.S. Supreme Court, in December 2005, ruled that the state can impose the tax. Last Tuesday, the 10th Circuit responded in a short order [Link] that dismissed the case in favor of the state.

Separately, the 10th Circuit is reconsidering another Prairie Band case over car tags. The decision had gone in favor of the tribe, but the Supreme Court sent it back in light of the fuel tax ruling.

Kansas recognizes the tags issued by Oklahoma tribes but won't recognize the Prairie Band tags, citing safety and sovereignty concerns.

Relevant Links:
Prairie Band Potawatomi Nation - http://www.pbpindiantribe.com

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