Omaha Tribe Wins Legal Round With Village Of Pender
Posted: 19 February, 2013
LINCOLN (AP) - The Omaha Tribe has won a round in its struggle with the village of Pender and alcohol retailers regarding the reservation boundaries and the tribe's authority to tax alcohol sales.
A group of Pender retailers sued in federal court in 2007, arguing they aren't subject to the tribe's regulations because the land is not part of the Omaha Reservation in northeast Nebraska. U.S. District Judge Richard Kopf referred the lawsuit to the Omaha Tribal Court for a ruling. That court effectively ruled earlier this month that the Pender land is within the reservation, so the retailers are subject to the tax. Attorney Gene Summerlin represents the village of Pender and the retailers, and he said Tuesday that the case will return to federal court, which has final jurisdiction.