Counties submit opening brief for Oneida Nation foreclosure case

Friday, January 28, 2011  

Two New York counties submitted their opening brief in the Oneida Nation foreclosure case.

Oneida County and Madison County are trying to foreclose on the tribe's land for failure to pay property taxes. They say the tribe lacks sovereign immunity but they are willing to accept the tribe's recent waiver of immunity in foreclosure proceedings.

The brief was filed with the 2nd Circuit Court of Appeals. The court previously ruled that the tribe's immunity barred the counties from foreclosure proceedings but the U.S. Supreme Court vacated the decision and remanded in light of the tribe's waiver.

The Supreme Court case was Madison County v. Oneida Indian Nation.

Get the Story:
Madison and Oneida counties: Oneida Indian Nation never had immunity (The Oneida Dispatch 1/28)

2nd Circuit Decision:
Oneida Nation v. Madison County and Oneida County (April 27, 2010)

Related Stories:
Census Bureau maps new size of Oneida Reservation in New York (1/20)
Opening briefs due in Oneida Nation foreclosure case next week (1/19)
Opinion: Oneida Nation in bad shape despite Supreme Court move (1/17)
Oneida Nation avoids potentially negative Supreme Court action (1/12)
Supreme Court won't be hearing Oneida Nation foreclosure case (1/10)
Oneida Nation avoids potentially negative Supreme Court action (1/12)
Supreme Court agrees to hear Oneida Nation foreclosure case (10/12)
County waits for Supreme Court over Oneida Nation foreclosures (9/29)
Opinion: Supreme Court asked to clarify Oneida Nation land issues (8/3)
Oneida Nation foes anticipate a review by Supreme Court (4/28)
2nd Circuit blocks foreclosure suits against Oneida Nation (4/27)