Rosebud President explains litigation on hog farm production facilities June 21-28 2002, Lakota JournalJune 21 - 28 2002, Lakota Journal
On May 31, 2002, Sun Prairie filed a Petition for Rehearing En Banc requesting reconsideration of the April 5, 2002 decision of three justice panels by a full panel of justices for the Eighth Circuit Court of Appeals. The decision by three members of the Eighth Circuit Court of Appeals reversed the lower court's decision granting the complaint for injunctive relief preventing the Assistant Secretary of the Bureau of Indian Affairs, United States Department of Interior from voiding the lease between Sun Prairie and the Rosebud Sioux Tribe for construction of hog production facilities on Rosebud Sioux Tribe land. The three justice panel vacated the district court order granting a permanent injunction, and remanded the case to the district court with instructions to dismiss the complaint for lack of jurisdiction. Subsequent to the publication of the decision of the panel, Sun Prairie officials have sought the assistance of North Dakota Governor Sinner and the congressional delegation from North Dakota to put pressure upon Bureau of Indian Affairs officials to bring the Rosebud Sioux Tribe to the negotiating table.
"The Rosebud Sioux Tribal Council has made it clear that it will not look favorably upon Sun Prairie officials attempts to involve and seek intervention of state or federal elected politicians in pressuring the Rosebud Sioux Tribe into negotiations to permit some sort of limited operation of Sun Prarie's hog facility during the pendancy of litigation with Sun Prairie," said William "Willie" Kindle. With regard to the Petition for Rehearing En Banc, Kindle said, "The Rosebud Sioiux Tribe is not allowed to file a direct response to Sun Prairie's request for hearing by the full panel of Eighth Circuit justices unless the Eighth Circuit enters its order for response from the Rosebud Sioux Tribe. However, the Rosebud Sioux Tribe's position opposing further construction and operation of the hog facility has not changed.
Sun Prairie has constructed a small portion of the originally planned massive hog production farm. Sun Prairie has argued the Tribe has benefited from limited operation. The Tribe has not received any significant, substantial payments of its share of profits as defined by the terms of the land lease. Tribal request for financial breakdowns, profits paid the partners of Sun Prairie and details of the day-to-day operation of the facility have been continually ignored by Sun Prairie. The number of tribal members actually employed at the hog production facility is small. When the purported benefits to the Tribe are weighed against the possible catastrophic damage to water tables and surrounding environment, the Tribal Council has reiterated its decision to continue to oppose further construction and operation of the hog production facility.
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