URL: https://www.indianz.com/News/archives/003500.asp

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)

All stories in the Indianz.Com Archive are available for publishing under a Creative Commons License: Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)