Oneida Nation can't drop taxation lawsuits

Tuesday, August 14, 2007  

An appeals court in New York won't let the Oneida Nation drop its taxation lawsuits.

In 2005, the tribe sued 22 municipalities in order to stop them from taxing tribal properties. When a federal judge, in another case, blocked two counties from foreclosing on tribal properties, the tribe sought to withdraw the state lawsuits.

But the Appellate Division's Third Judicial Department said the federal ruling is not binding on the state courts. "Public policy favors a resolution of these issues, especially considering that the federal decision is being appealed and therefore remains uncertain," the judge wrote in the August 9 decision [PDF].

Get the Story:
Court: Oneidas' lawsuits will go forward (AP 8/13)

Land Claim Court Decision:
Oneida Nation v. New York (May 21, 2007)

Draft Environmental Impact Statement:
Oneida Nation of New York Conveyance of Lands Into Trust (November 2006)

Relevant Links:
Oneida Nation Trust - http://www.oneidanationtrust.com
Indian Nation Fee-to-Trust Land Acquisition Applications in New York State - http://www.dec.ny.gov/public/888.html
Oneida Nation, New York - http://www.oneida-nation.net

Sherrill v. Oneida Nation Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]

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