A judge in New York has barred Cayuga County from pursuing a tobacco case against the Cayuga Nation.
Judge Mark Fandrich said the state's highest court made it clear that the county lacked jurisdiction over sales at two tribal smoke shops. He ordered the county to dismiss criminal indictments against tribal members and tribal employees.
The county had claimed it could go after the tribe for wholesale transactions. Fandrich pointed out that the county never raised the issue in the nearly two years since the case began.
On Monday, the U.S. Supreme Court declined to hear the case, Gould
v. Cayuga Indian Nation of New York.
Get the Story:
Judge: Too late to prosecute Cayugas for alleged wholesale transactions
(The Cayuga Citizen 10/7)
Court orders Cayuga County to return cigarettes to Cayuga Nation (The Syracuse Post-Standard 10/7)
New York Court of Appeals Decision:
Cayuga
Nation v. Gould (May 11, 2010)
New York Appellate Division Decision:
Cayuga
Nation v. Gould (July 10, 2009)
New York Supreme Court Decision:
Cayuga
Nation v. Gould (December 9, 2008)
Related Stories:
Supreme Court refuses Cayuga Nation tobacco
taxation case (10/5)
County pursuing
action against Cayuga Nation for tobacco sales (9/29)
County returns seized cigarettes and property to
Cayuga Nation (7/28)
Judge dismisses
county's tobacco case against Cayuga Nation (6/29)
Counties ask Supreme Court to hear Cayuga Nation
tax case (6/11)
Counties head towards
appeal of Cayuga tobacco tax case (5/31)
Prosecutor pursues criminal charges against Cayuga
Nation (5/24)
Cayuga Nation to sue two
counties for raid on smoke shops (5/12)
Appeals court sides with Cayuga Nation in tobacco
tax case (5/11)
New York court hears
Cayuga Nation tobacco tax lawsuit (3/25)
DOJ brief backs Cayuga Nation in tobacco tax
dispute (02/25)
Editorial: Cayuga Nation
tobacco battle a big issue (2/22)
Cayuga
Nation wants seized cigarettes back (7/17)
Second county rejects Cayuga tobacco tax offer
(7/16)
County to appeal Cayuga Nation
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Cayuga Nation offers
settlement in tobacco case (7/14)
Cayuga
Nation wins tobacco taxation decision (7/13)
Battle over Cayuga Nation tobacco continues
(3/6)
Cayuga Nation halts sale of tax-free
cigarettes (2/20)
Judge rules against
Cayuga Nation tobacco sales (2/19)
Cayuga Nation to reopen disputed smoke shops
(01/30)
Court halts Cayuga Nation tobacco
prosecution (01/22)
Cayuga Nation seeks
halt to tobacco prosecution (1/13)
Cayuga Nation plans to fight tobacco tax
charges (12/10)
Cayuga Nation in court
over raid of smokeshops (12/4)
Cayuga
Nation claims 'reservation' exemption (12/2)
Cayuga Nation heads to court after smokeshop raid
(12/1)
County authorities raid Cayuga
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