Thursday, January 7, 2010

Judge denies Crow Creek Sioux restraining order against IRS


Judge denies restraining order after IRS auctions off Crow Creek Sioux land, court sets trial date

CROW CREEK SIOUX TRIBAL FARMS, INC. v. UNITED STATES INTERNAL REVENUE SERVICE CROW CREEK SIOUX TRIBAL FARMS, INC., AND CROW CREEK SIOUX TRIBE, Plaintiffs,v.UNITED STATES INTERNAL REVENUE SERVICE AND JAMES DAUGHERTY, E. HANNIFIN, AND STEVE HOPKINS, EMPLOYEES OF THE INTERNAL REVENUE SERVICE, Defendants.CIV. 09-3031-RAL.United States District Court, D. South Dakota, Central Division.

The court said, "The Tribe has a legitimate and compelling interest in safeguarding cultural heritage and providing for itself and its members economic opportunity by keeping tribal land in the hands of the Tribe or a tribal corporation. Although the Crow Creek Indian Reservation covers 400 square miles, roughly 201 square miles of it is held by the Tribe, tribal members, or the United States Department of Interior in trust. The rest is privately owned by non-tribal members. The IRS seizure of the LeMaster Ranch frustrates the Tribe's efforts to maintain ownership of land on the Crow Creek Indian Reservation. However, this Court is cognizant of the strong public interest in the IRS collecting taxes owed and past due. The Tribe, in this case, is liable to the IRS for a considerable amount of delinquent employment taxes. The public has an interest in the Tribe paying the taxes owed in order to support the government's continued function. The public also has an interest in seeing that last-minute land transfers, bankruptcy filings later dismissed, and injunction actions not frustrate timely collection of past-due taxes."

"After considering all of the Dataphase factors, the Court finds that there has not been an adequate showing to justify a temporary restraining order or preliminary injunction. Therefore, it is ORDERED that the Plaintiffs' motion for a temporary restraining order (Doc. 7) is and has been denied, and that no preliminary injunctive relief enters at this time. It is further ORDERED that a court trial of this case is set for March 29 and 30, 2010."
Read complete order:
http://censored-news.blogspot.com/2010/01/judge-denies-crow-creek-sioux.html
Photo from article:
"IRS steals Crow Creek Indian Territory: Tribe occupying stolen land"
Philadelphia Independent Media Center

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