United States Federal Circuit

Partial grant of summary judgment for plaintiff holding that the enactment of the Sisseton-Wahpeton Sioux Act of 1984 effected a taking of Indian land without just compensation in violation of the Fifth Amendment is reversed pursuant to the government's contention that plaintiff's takings claim was time-barred.

Appellate Information

• Decided 05/04/2006
• Published 05/04/2006

Judges

• Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Michael Lawrence Dolan, Oppenheimer Wolff & Donnelly LLP, of Minneapolis, Minnesota, argued for plaintiffs-appellees.   With him on the brief were David P. Graham and David A. Prange., Kathryn E. Kovacs, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendants-appellants.   With her on the brief were Thomas L. Sansonetti, Assistant Attorney General and Sydney Cook, Attorney.   Of counsel were E. Ann Peterson, Attorney;  and Cheryl Schrempp Dupris, Attorney, United States Attorneys Office, of Pierre, South Dakota.