"Regarding the recent action by the U.S. Supreme Court remanding the foreclosure case back to the 2nd Circuit Court of Appeals and Madison County government viewing the move as a victory for the counties, Oneida Indian Nation (OIN) spokesman Mark Emery stated in the press, “It is no wonder Madison County is in such bad shape – they don’t even know when they’ve won or lost.”
While the delay in justice for the people of Madison and Oneida counties cannot be viewed as a great victory, it certainly cannot be seen as a great loss, and it is the OIN that doesn’t even know when it has won or lost. Moreover Mr. Emery, your employer is a significant cause of the “bad shape” in which Madison County finds itself.
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."
Get the Story:
Scott E. Peterman: Oneida Indian Nation will surely lose in court
(The Oneida Dispatch 1/16)
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