Supreme Court won't be hearing Oneida Nation foreclosure case

Monday, January 10, 2011  

The U.S. Supreme Court won't be hearing Madison County v. Oneida Indian Nation in light of a "new factual development."

The court was due to hear the case on February 23. But the Oneida Nation informed the justices that it waived its sovereign immunity in order to allow "state, county and local governments within and throughout the United States" to pursue foreclosure proceedings on tribal land.

In light of the development, the justices vacated a ruling from the 2nd Circuit Court of Appeals that had barred two counties from foreclosing on the tribe because it hadn't waived its sovereign immunity. "That court should address, in the first instance, whether to revisit its ruling on sovereign immunity in light of this new factual development, and—if necessary—proceed to address other questions in the case consistent with its sovereign immunity ruling," today's decision stated.

The tribe owns about 17,000 acres in Madison County and Oneida County. While a land-into-trust application was pending at the Bureau of Indian Affairs, the two counties sued the tribe for not paying property taxes.

Get the Story:
High court dismisses Oneida foreclosure case (AP 1/10)