Law

County hopes to revive foreclosure lawsuit against Cayuga Nation

Friday, August 28, 2015

The LakeSide Trading gas station and convenience store in Union Falls, New York, a business owned by the Cayuga Nation. Photo from Finger Lakes Times Marketplace

A New York county that missed a critical U.S. Supreme Court deadline is still hoping it can revive a foreclosure lawsuit against the Cayuga Nation.

Seneca County fired its law firm and the justices refused to hear the case due to the late filing. But now a new attorney is claiming there is a "clear path" for moving forward, The Finger Lakes Times reported.

At issue is whether the county can sue the tribe for failing to pay taxes on properties that are not currently in trust. The 2nd Circuit Court of Appeals said the tribe was protected by its sovereign immunity.

Attorney Brian Laudadio of Bond, Schoeneck & King, however, believes the case can be revived. He said he's asking a lower court judge to issue a final ruling that could be appealed once again.

“It will get appealed to the Second Circuit Court again, and I don’t see that court changing its ruling," Laudadio told county officials, the Times reported. “Then it will go to the Supreme Court with the proper filing.”

The county, meanwhile, is still trying to find a law firm so it can sue Harris Beach for missing the deadline the first time around.

Turtle Talk has posted documents from the 2nd Circuit case, Cayuga Nation v. Seneca County.

Get the Story:
Attorney says tribe foreclosure case may still be taken up by Supreme Court (The Finger Lakes Times 8/27)

2nd Circuit Court of Appeals Decision:
Cayuga Nation v. Seneca County (July 31, 2014)