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Brendale Vs. Confederated Tribes

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  • US Supreme Court
  • Jun 29, 1989

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72 entries 3 linked 69 unlinked
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  1. Mattz Vs. Arnett US Supreme Court · Jun 11, 1973
  2. Seymour Vs. Superintendent US Supreme Court · Jan 15, 1962
  3. Rice Vs. Rehner US Supreme Court · Jul 01, 1983
  4. Brendale v. Confederated
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  5. Tribes - 492 U.S. 408 (1989) U.S. Supreme Court Brendale v. Confederated
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  6. Tribes, 492 U.S. 408 (1989) Brendale v. Confederated
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  7. Tribe's political integrity, economic security, and health and welfare, and therefore was impermissible under Montana v. United
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  8. congressional delegation of tribal power to the contrary. Montana, supra, at 450 U. S. 564 . Washington v. Confederated
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  9. and United States v. Wheeler
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  10. complying with the zoning rules runs with the land without regard to how a particular estate is transferred. Montana v. United
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  11. a) Under all of the Court's decisions dealing with the inherent sovereignty of Indian tribes, including Montana v. United
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  12. Court held that the Yakima Nation had exclusive zoning authority over the Brendale property, Yakima Indian Nation v. Whiteside
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  13. Whiteside I ), but concluded that the Tribe lacked authority over the Wilkinson property, Yakima Indian Nation v. Whiteside
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  14. F.Supp. 750, 758 (ED Wash.1985) ( Whiteside II ). The District Court looked to this Court's opinion in Montana v. United
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  15. Brendale property but reversed as to the Wilkinson property. Confederated Tribes and Bands of the Yakima Indian Nation v. Whiteside
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  16. of the Allotment Act on an Indian tribe's treaty rights to regulate activities of nonmembers on fee land in Montana v. United
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  17. Id. at 450 U. S. 561 . See also Puyallup Tribe, Inc. v. Washington
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  18. Ibid. JUSTICE STEVENS cites only Seymour v. Superintendent
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  19. of Washington State Penitentiary, 368 U. S. 351 (1962), and Mattz v. Arnett
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  20. to exclude nonmembers of the tribe from its lands is not the only source of Indian regulatory authority. In Merrion v. Jicarilla
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  21. Oliphant v. Suquamish
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  22. Ibid. For example, Indian tribes cannot freely alienate their lands to non-Indians, Oneida Indian Nation v. Oneida
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  23. cannot enter directly into commercial or governmental relations with foreign nations, Worcester v. Georgia
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  24. on an express congressional delegation of tribal power over nonmembers is inconsistent with language in Washington v. Confederated
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  25. Together with No. 87-1697, Wilkinson v. Confederated
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  26. Tribes and Bands of the Yakima Indian Nation, and No. 87-1711, County of Yakima et al. v. Confederated
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  27. and the prospective purchasers were dismissed as parties by order of the District Court. See Yakima Indian Nation v. Whiteside
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  28. Yakima Indian Nation v. Whiteside
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  29. made such findings only concerning the Brendale property. Confederated Tribes and Bands of the Yakima Indian Nation v. Whiteside
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  30. whether the Yakima Nation's retained sovereignty might also have been divested by treaty or statute. United States v. Wheeler
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  31. U. S. 313 , 435 U. S. 323 (1978). See, e.g., Rice v. Rehner
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  32. The Yakima Nation's reliance on statements about retained tribal sovereignty in National Farmers Union Ins. Cos. v. Crow
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  33. Tribe, 471 U. S. 845 (1985), and Iowa Mutual Ins. Co. v. LaPlante
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  34. instance, a government regulation must be rationally related to a legitimate state interest. See, e.g., Williamson v. Lee
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  35. Cf. Oneida Indian Nation v. County
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  36. Merrion v. Jicarilla
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  37. or more often unilaterally -- destructive. As Justice Sutherland observed for the Court in the landmark case of Euclid v. Ambler
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  38. a defined geographical area obviously includes the lesser power to define the character of that area. In New Mexico v. Mescalero
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  39. such authority, Indian tribes maintain the sovereign power of exclusion unless otherwise curtailed. See Worcester v. Georgia
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  40. Op.Atty.Gen. 465, 465-467 (1821). As is the case with many tribes, see, e.g., Montana v. United
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  41. Puyallup Tribe, Inc. v. Washington
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  42. U. S. 481 , 412 U. S. 496 (1973). See also Moe v. Confederated
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  43. Act did not itself transfer any regulatory power from the Tribe to any state or local governmental authority. See Moe v. Confederated
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  44. alienation of reservation land, the Act in some respects diminished tribal authority. As we recognized in Montana v. United
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  45. consisting of almost two-thirds of the entire reservation, only 25,000 acres are owned in fee. Yakima Indian Nation v. Whiteside
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  46. operations are subject to regulation by the Bureau of Indian Affairs (BIA). Ibid. Cf. White Mountain Apache Tribe v. Bracker
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  47. however, the county does not maintain any roads in this portion of the reservation. Cf. Yakima Indian Nation v. Whiteside
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  48. Brendale eventually succeeded in establishing a right of access to his own property over BIA roads. See Brendale v. Olney
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  49. explicit in the Dawes Act, yet both appear necessary to a reasonable operation of the allotment process. Cf. Seymour v. Superintendent
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  50. U.S. Supreme Court Brendale v. Confederated
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