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Oneida Nation urges Supreme Court to reject tax case
Thursday, January 29, 2004
The Oneida Nation of New York has asked the U.S. Supreme Court not to review the tribe's victory in a treaty rights/taxation case.
In a 2-1 decision, the 2nd Circuit Court of Appeals held that the 1794 Treaty of Canandaigua was still in force. The majority said the tribe's reservation, as defined by the treaty, is exempt from state and local taxes.
The city of Sherill, which sought to impose property taxes on the tribe, has filed a petition to review the decision. Last week, the tribe submitted a response, saying the major issues in the case have already been settled by the high court.
Other tribes are using the Oneida case to reassert rights on ancestral land in New York.
According to the Supreme Court's docket sheet at
http://www.supremecourtus.gov/docket/03-855.htm, the state of New York and two counties filed amicus briefs. The city of Sherill now has an opportunity to reply to the tribe's response. After the reply is received, the Supreme Court will decide whether or not it will hear the case.
Get the Story:
Nation files response in Supreme Court
(The Oneida Dispatch 1/28)
Get the Decision:
Majority
Opinion |
Van Graafeiland
Dissent
Lower Court Decision:
Oneida
Nation v. Sherrill et al (June 4, 2001)
Relevant Links:
Oneida Nation -
http://www.oneida-nation.net
Related Stories:
Appeals court upholds 1794 Oneida treaty
(07/22)
Dissenting judge suggested tribe wanted
casino (07/22)
Oneida
Nation awaits ruling on tax status (04/29)
Taxes of Oneida land questioned
(05/15)
Judge: Oneida land is Indian
Country (6/7)
Oneida Nation
disputes tax lawsuit (2/1)
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