Richard Smith v. Mitch Parker

BEAM, Circuit Judge.

Appellants, the Village of Pender, Nebraska, and resident owners or agents of establishments in or near Pender engaged in the sale of alcoholic beverages, appeal the district court’s 1 denial of Appellants’ motion for summary judgment requesting declaratory and injunctive relief from the Omaha Tribe’s attempt to enforce its liquor-license and tax scheme on them, and the court’s corresponding grant of summary judgment in favor of the Omaha Tribe. The Omaha Tribal Court as well as the federal district court determined that Pender and the relevant areas involved in this…