The tribe lost this case as soon as they filed it; it was a losing case because a victory for the OIN would allow tribes all over the nation to purchase real estate anywhere in the country, whether within or without the boundaries of a reservation, and not have to pay property taxes; that is an unacceptable result for the American people as well as for the U.S. Supreme Court. The tribe has learned nothing from its dramatic defeat in the Sherrill case.
Attorney for the counties David Schraver is absolutely correct when he states that the tribe waived its sovereign immunity to attempt to shield itself from an unfavorable ruling. The reality is, however, that besides a losing sovereign immunity defense, there are no other winning lines of defense for the tribe. It is going to lose; it’s just a matter of when, not if."