The Department of Justice has submitted an amicus brief in a tobacco tax case involving the Cayuga Nation of New York, The Auburn Citizen reports.

Authorities in Cayuga and Seneca counties seized cigarettes and property owned by the tribe. A state appellate court later ruled the counties lacked jurisdiction on Indian land.

The counties filed an appeal and says the tribe's smoke shops are not located on trust land. But DOJ says Congress never disestablished the Cayuga Reservation.

“(The counties) are mistaken in asserting that the Cayuga reservation was 'abandoned' and then 're-established' when the Cayuga regained title,” DOJ said in the brief, The Auburn Citizen reported. “The Cayuga reservation never ceased to exist, because Congress never disestablished it.”

The New York Court of Appeals will hear the case on March 25 in Syracuse.

Get the Story:
Outside agencies address Cayuga cigarette tax cas (The Auburn Citizen 2/25)

New York Appellate Division Decision:
Cayuga Nation v. Gould (July 10, 2009)

New York Supreme Court Decision:
Cayuga Nation v. Gould (December 9, 2008)

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