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WEDNESDAY, JUNE 18, 2003

A Massachusetts superior court judge ruled last week that the Gay Head Wampanoag Tribe's sovereign immunity was not waived by the tribe's settlement legislation.

In 1983, the tribe received federal recognition through the Bureau of Indian Affairs. In 1987, Congress passed a law settling the tribe's land claims against a local town but also subjecting the tribe to state criminal and civil jurisdiction.

Despite the caveats, the judge said the state can't sue the tribe for allegedly violating local zoning laws on tribal land. The court ruled that a waiver of sovereign immunity must be explicit.

Get the Story:
Judge Rules for Tribe in Zoning Dispute, Puts Sovereign Immunity Over Local Law (The Vineyard Gazette 6/17)

Get the Decision:
Town of Aquinnah v. Gay Head Wampanoag Tribe (June 11, 2003)

Related Stories:
Mass. tribe argues for sovereign rights on land (02/14)