Tuscarora Nation of Indians v. Swanson

OPINION OF THE COURT

Joseph P. Kuszynski, J.

Plaintiff, the Tuscarora Nation of Indians, seeks an injunction enjoining defendants Hubert Swanson and Lillie Rae Swanson, his wife, from continuing with the construction of a permanent home upon the Tuscarora Indian tribal lands and a further order ejecting them as intruders from the Tuscarora Indian Reservation.

Although defendants have answered with a general denial, in their opening statement on trial, they argued that (a) estoppel and laches apply because the tribal chiefs were aware for a considerable period of time of defendants’ actions of…