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Thursday, November 6, 2003

A Massachusetts superior court judge has upheld the Aquinnah Wampanaog Tribe's sovereign immunity.

The town of Aquinnah wants the tribe to comply with local land use laws for a small project on the reservation. The town cites the tribe's settlement act, which subjects the reservation to state jurisdiction.

But two courts have now ruled that the act did not waive the tribe's immunity from suit.

Get the Story:
Law doesn't constrain Wampanoags, judge says (The Boston Herald 11/6)

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

Related Stories:
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)

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