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Law
Wampanoag Tribe to appeal sovereignty case


The Aquinnah Wampanoag Tribe of Massachusetts plans to take its sovereignty case to a federal appeals court, incoming chairman Donald Widdiss said.

Widdiss said he wasn't surprised by the decision from the state Supreme Judicial Court. He said it didn't address federal issues.

Local and state leaders see it differently. They say the tribe agreed to abide by local and state laws when it settled a land claim in 1983.

The settlement was approved by Congress and led to federal recognition for the tribe. But a dispute arose when the tribe build a pier and shed in the town of Aquinnah without obtaining a building permit.

The case would be heard by the 1st Circuit Court of Appeals in Boston.

Get the Story:
Massachusetts High Court Rules Wampanoags Waived Sovereignty (The Martha's Vineyard Gazette 12/10)
SJC: Tribe must comply with Aquinnah's zoning (The Cape Cod Times 12/10)
Tribe's court loss means rules apply (The Boston Herald 12/10)
SJC overturns ruling on tribe's immunity from local zoning (AP 12/10)
State SJC reverses lower court decision; finds Wampanoag tribe has no immunity (The Martha's Vineyard Times 12/9)

Get the Decision:
Aquinnah v. Gay Head Wampanoag Tribe (December 9, 2004)

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

Relevant Links:
Wampanoag Tribe of Gay Head - http://www.wampanoagtribe.net

Related Stories:
Massachusetts court deals blow to tribe's sovereignty (12/10)
Aquinnah Wampanoag Tribe elects new leader (11/24)
Top court hears Wampanoag sovereignty case (09/09)
Aquinnah Wampanoag Tribe plans new buildings (03/12)
Mass. high court to hear tribal immunity case (2/27)
State to intervene in Wampanoag sovereignty case (01/09)
Mass. town urged to appeal tribal immunity ruling (12/05)
Mass. court upholds Wampanoag Tribe's sovereignty (11/06)
Dershowitz: Judge may be wrong on Wampanoag case (07/22)
Mass. town argues for jurisdiction over tribe (7/21)
Mass. judge asked to reconsider sovereignty ruling (06/24)
Mass. court affirms tribe's sovereignty (6/18)
Mass. tribe argues for sovereign rights on land (02/14)