Legal Opinion · Dissent

Housing Authority of Seminole Nation v. Harjo

Supreme Court of Oklahoma

Decided April 17, 1990No. 67999Published

1Dissent

HARGRAVE, Chief Justice,

joined by OPALA, Vice Chief Justice, HODGES and SIMMS, Justices, dissenting:

The majority opinion refuses to apply Oklahoma law to land once owned by an Indian, now deeded to the appellee after the restrictions were removed. Once restrictions are removed from land held by an Indian, that property is subject to the laws of this state just as any other citizen’s property. Sperry Oil & Gas Co. v. Chisholm, 264 U.S. 488, 44 S.Ct. 372, 68 L.Ed. 803 (1923). To re-impose these restrictions for what amounts to equitable reasons as the Court has done by borrowing from criminal…

2Cases cited23 opinions

  1. United States v. MazurieSupreme Court of the United States · 1975
  2. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  3. Mescalero Apache Tribe v. JonesSupreme Court of the United States · 1973
  4. Moe v. Confederated Salish & Kootenai Tribes of the Flathead ReservationSupreme Court of the United States · 1976
  5. Donnelly v. United StatesSupreme Court of the United States · 1913

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