Law

Oneida Nation can't drop taxation lawsuits

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]

Related Stories:
New York urged to collect taxes on Oneida Nation (8/3)
Wisconsin tribe opposes Oneida Nation trust land (06/21)
Land-into-trust next big move for Oneida Nation (6/15)
New York to appeal Oneida land claim decision (6/7)
Judge dismisses New York land-into-trust lawsuit (6/6)
Views: Oneida Nation, treaties and land claims (5/30)
Editorial: Collaboration needed on Oneida land claim (5/30)
Oneida Nation said to owe $248M in taxes (5/25)
Door still open for Oneidas on land claim (5/22)
BIA to act on Oneida Nation land-into-trust (5/10)
DOJ seeks dismissal of New York land-into-trust suit (04/26)
Cason explains misgivings on land-into-trust (04/20)
Oneida Nation shifts lobbying to Washington (03/12)
Oneida Nation fights to save land claim from dismissal (3/7)
Halbritter attributes Oneida success to hard work (3/5)
Fire destroys Oneida Nation carpentry shop (3/2)
Oneida Nation officially ends tax dispute with city (2/28)
Oneida Nation builds in-house legal department (2/13)
Another hearing on Oneida Nation land-into-trust (2/7)
Oneida Nation refused county inspection of gas pumps (1/22)
BIA schedules another Oneida land-into-trust meeting (1/10)
Oneida Nation fights to keep land claim alive (12/18)
Five-hour meeting on Oneida Nation land-into-trust (12/15)
Counties offer Oneida land-into-trust proposal (12/14)
Anti-Oneida group denies racist statement against tribe (12/8)
Supreme Court won't hear Oneida gaming dispute (12/5)
Oneida Nation casino brings in more than $300M (12/1)
Land-into-trust report points to tribe's impact (11/27)
Oneida Nation works on jurisdiction agreement (11/21)
Oneida Nation foreclosure case headed to 2nd Circuit (11/15)
BIA readies report on Oneida Nation land-into-trust (09/29)
Cason meets land-into-trust foes from New York (9/15)
Cason to meet land-into-trust foes from New York (9/14)
Oneida Nation tax dispute headed to appeals court (09/08)
Cayuga Nation land-into-trust opponents to meet BIA (09/06)
Oneida Nation in court again over tax assessments (08/31)
Deal reached on Oneida Nation land-into-trust report (07/12)
Oneida Nation leader blasts land-into-trust critics (06/15)
Cayuga tribes fail to seek rehearing on land claim (06/14)
Another land claim denied by Supreme Court (6/6)
U.S. Supreme Court refuses to clarify tribal claims (05/16)
Supreme Court won't hear Cayuga land claim (5/15)
U.S. Supreme Court weighs Cayuga land claim (5/9)
Delaware Nation loses out-of-state land claim (05/05)
Cayuga Nation files response brief on land claim (04/20)
BIA holds meeting on Cayuga Nation land-into-trust (03/02)
Cayuga land claim at issue before high court (2/21)
Seneca Nation defends land buys in Buffalo (02/21)
Congressman seeks review of Seneca land buys (02/17)
BIA proposes to take land into trust for Cayuga Nation (2/13)
Cayuga Nation pays property taxes in two counties (2/10)
Supreme Court asked to revive Cayuga land claim (2/8)
DOJ asks Supreme Court to hear Cayuga land claim (01/18)
Supreme Court won't rule on Indian law cases (01/10)
Tribe sues to reclaim New Jersey reservation (01/09)
Ohio fights Eastern Shawnee Tribe's land claim (10/19)
Judge extends Sherrill decision to Cayuga Nation (10/06)
Cason: Cayuga Nation subject to Sherrill decision (9/29)
State seeks dismissal of Ottawa Tribe's lawsuit (08/25)
State asserts eminent domain on behalf of tribe (07/28)
Tribes confident on land claims despite court rulings (07/15)
Cayuga tribes to challenge land claim decision (7/5)
Oklahoma tribe's lawsuit claims large portion of Ohio (07/12)
Ottawa Tribe of Oklahoma files Ohio treaty claim (07/01)
Appeals court kills Cayuga land claim after 25 years (6/29)
Oklahoma tribe sues in hopes of landing casino deal (06/28)
Land returned to Seneca Nation under settlement (06/23)
State hired professors to review tribe's land claim (06/03)
Another Oklahoma tribe's out-of-state bid rejected (06/02)
Cayuga Nation land case back before federal judge (05/05)
Pombo continues hearings on off-reservation gaming (05/02)
Supreme Court ruling impacts New York land claims (4/19)
Cayuga tribes confident on land claim appeal (4/12)
Supreme Court decision derails Pataki settlements (4/11)
Oklahoma tribe files claim to island in Ohio (04/07)
Supreme Court called less sympathetic to Indians (4/7)
Fallout from Supreme Court ruling on Oneida Nation (4/6)
BIA official calls high court ruling 'quite depressing' (03/31)
Major defeat for Oneida Nation in Supreme Court case (3/30)
Oklahoma tribe loses bid for out-of-state land (12/03)
Court rules against Seneca Nation's land claims (09/10)
Cayuga Nation land rights upheld by federal judge (4/26)
Cayuga Nation's plans for land worry some in village (04/07)
Report: Seneca-Cayuga Tribe has bigger plans in store (04/06)
Tribes ask court for $1.7B and title to lost land (04/01)
Federal appeals court to hear Cayuga land claim (3/31)
NIGC accused of 'ducking' casino land issue in N.Y. (03/23)
Seneca-Cayuga Tribe seeks deal to end land claim (03/19)
Judge in N.Y. hears Seneca-Cayuga land dispute (03/12)
Seneca-Cayuga Tribe could fund arts center in N.Y. (2/26)
Arguments set for appeal of Cayuga land claim (2/25)
Seneca-Cayuga Tribe makes offer to Pataki (11/19)
Court orders Cayuga Nation to stop renovations (10/23)
Cayuga Nation proposes land claim, tax settlement (10/21)
Cayuga Nation buys another gas station (10/06)
Bill would terminate out-of-state sovereign rights (09/26)
Appeals expected in Seneca-Cayuga Tribe's land case (09/10)
Judge to decide fate of Seneca-Cayuga Tribe's land (9/9)
Cayuga tribes slowly reclaiming ancestral territory (09/02)
Okla. tribe says court decision bolsters case (07/24)
Cayuga Nation welcomes Indian Country decision (07/23)
Oneida Nation wins treaty lands case (7/22)