Law

Omaha Tribe seeks dismissal of liquor tax lawsuit

Tuesday, June 26, 2007

The Omaha Tribe of Nebraska is asking a federal judge to dismiss a lawsuit against its liquor tax.

Several non-Indian establishments in the town of Pender have challenged the tax. They say the tribe has no jurisdiction over them.

But the tribe says the establishments can't challenge the tax because its liquor regulations were federally approved. The tribe also says the case should be first heard in tribal court because the business owners already filed suit there.

The liquor regulations went into effect on January 1 and require establishments to seek a tribal license and to collect a a 10-percent liquor tax. U.S. District Judge Richard Kopf imposed a temporary restraining order until the case can be resolved.

The case plays into a long-running dispute over the boundaries of the Omaha Reservation. Non-Indians say Pender is no longer part of the reservation, a view shared by state attorney general Jon Bruning.

In another suit, Omaha tribal member Gail Bertucci has sued Bruning, claiming he overstepped his authority by saying the reservation has been diminished. Bruning is seeking to have the case dismissed.

Get the Story:
Tribe asks judge to dismiss Pender lawsuit protesting liquor tax (AP 6/26)