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#1146256 --- 02/12/10 01:52 PM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Counties' lawyer disputes tribal claims


by DAVID L. SHAW/dshaw@fltimes.com
Friday, February 12, 2010 11:04 AM CST


To no one’s surprise, the lawyer representing Seneca and Cayuga counties in the Cayuga Indian Nation cigarette sales tax case disputes arguments made by tribal lawyers.

In a reply brief filed Tuesday, Philip G. Spellane of the Harris Beach law firm in Rochester has these goals:

• To reiterate why the counties’ position in requesting the Cayugas’ two convenience stores charge sales tax on cigarettes it sells to non-Indians is correct and should be upheld by the state’s highest court.

• To again state why the Appellate Division Court ruling in favor of the Cayugas is flawed and should be reversed.

• To explain why the brief filed by lawyers for the tribe to the Court of Appeals is also flawed and “fails to save that decision from several fatal deficiencies.”
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One point the Cayuga Nation lawyers attempt to make is that the tribe is not prohibited from seeking civil relief to head off criminal proceedings initiated by the counties.

“The Nation fails to support this extraordinary claim, completely overlooking the record in the Kelly’s Rental case, which demonstrates that the Court of Appeals meant what it said,” Spellane argued.

“The decision must be reversed to allow a criminal court to deal with the interpretation and application of criminal matters.”

Both counties have sealed grand jury indictments against tribal officials for violating state tax law.

The opening of these indictments and the beginning of criminal proceedings awaits the pending court ruling.

Another issue is whether the Nation’s parcels in Seneca Falls and Union Springs, the sites of their LakeSide Trading convenience stores, are exempt from the cigarette tax.

Spellane said the Nation attempts to import federal common law concepts into the state’s statutory definition of a reservation as used in state tax law.

He argued that New York law applies, and that confirms that the Cayugas don’t possess a reservation under tax law.

Spellane said the Cayugas pay local property taxes on the land they have purchased in the two counties and their lands are subject to local zoning regulations.

He also said the U.S. Supreme Court decision in the City of Sherrill vs. Oneida Indian Nation case “makes it clear that ancient, repurchased Indian lands are subject to state taxation, even absent the formality of an act of Congress disestablishing a reservation.”

The Nation may not sell tax-free cigarettes to anyone because it has no recognized reservation, Spellane argues.

He claims that tax law “clearly states that an Indian retailer may only sell tax-free to its own members.”

“The purpose of the tax statutes is not to make Indian retailers extremely wealthy by allowing them to sell tax-free to the public at large,” he said.

He rejects the Nation’s argument that the burden should be placed on non-Indian customers to send their tax on cigarettes purchases from the tribal stores to the state.

“That argument is contrary to the plain language of the statute, which imposes the tax at the wholesale level and subjects retailers, Indian or not, to criminal prosecution if they sell tax-free cigarettes to the general public,” Spellane said.

In conclusion, Spellane tells the Court of Appeals that the Appellate Court decision should be reversed for the following three reasons:

• The Nation may not collaterally attack a criminal proceeding with a civil action.

• The Nation has no reservation in Seneca or Cayuga county from which it may sell unstamped, tax-free cigarettes to anyone.

• The Nation’s possession and sale of unstamped, tax-free cigarettes to the general public violates state tax law.

The Court of Appeals will now review the legal briefs filed by both sides.

Oral arguments are scheduled for March 25 in the Onondaga County Courthouse in Syracuse.


AG Cuomo should just raid the stores to collect the unpaid taxes
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#1149615 --- 02/20/10 04:59 PM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Obama administration seeking nearly $300 billion from tobacco industry in Supreme Court appeal

Both sides take tobacco fight to Supreme Court
By MARK SHERMAN | Associated Press | Feb 19, 10 4:37 PM CST in Business

The Obama administration asked the Supreme Court Friday to allow the government to seek nearly $300 billion from the tobacco industry for a half-century of deception that "has cost the lives and damaged the health of untold millions of Americans."

Both sides in a landmark, decade-long legal fight over smoking took their case to the high court Friday.

The administration, joined by public health groups, wants the court to throw out rulings that bar the government from collecting $280 billion of past tobacco profits or $14 billion for a national campaign to curb smoking.

Leading tobacco companies accounting for 90 percent of U.S. cigarette sales want the justices to wipe away court holdings that the industry illegally concealed the dangers of cigarette smoking. If they succeed, the attack on their profits also would be halted.

Friday's filings with the Supreme Court mark the latest phase in a lawsuit that began during Bill Clinton's presidency.

Philip Morris USA, the nation's largest tobacco maker, its parent company Altria Group Inc., R.J. Reynolds Tobacco Co., British American Tobacco Investments Ltd. and Lorillard Tobacco Co. filed separate but related appeals that take issue with a federal judge's 1,600-page opinion and an appeals court ruling that found the industry engaged in racketeering and fraud over several decades.

In 2006, U.S. District Judge Gladys Kessler ruled that the companies engaged in a scheme to defraud the public by falsely denying the adverse health effects of smoking, concealing evidence that nicotine is addictive and lying about their manipulation of nicotine in cigarettes to create addiction. A federal appeals court in Washington upheld the findings.

At the same time, however, the courts have said the government is not entitled to collect $280 billion in past profits or $14 billion for a national campaign to curb smoking.

The companies argue that the government improperly used the Racketeer Influenced and Corrupt Organizations, or RICO law, against them. The racketeering law often is employed against the Mafia and other criminal organizations.

The companies also say the courts' decision to brand their statements about smoking as fraudulent unfairly denied them their First Amendment rights to engage in the public-health debate about smoking. "As long as these statements were true or made in good faith, they fall squarely within the First Amendment's Speech and Petition Clauses, which provide constitutional protection for 'debate on public issues,' " Miguel Estrada, Philip Morris' lawyer, said. Philip Morris makes Marlboro cigarettes and more than a dozen other brands.

The administration said the money it seeks from the industry is commensurate with the harm it has caused. "For the last half century, those defendants have engaged in a pattern of racketeering activity and a conspiracy to engage in racketeering that has cost the lives and damaged the health of untold millions of Americans," Solicitor General Elena Kagan, the administration's top Supreme Court lawyer, wrote.

The public health groups in the case are: American Cancer Society; American Heart Association; American Lung Association; Americans for Nonsmokers' Rights; National African American Tobacco Prevention Network and Tobacco-Free Kids Action Fund.

The groups are most interested in forcing the tobacco companies to pay for a wide-ranging education campaign to discourage people from taking up smoking and helping others quit. They asked the court to recall its words from an earlier tobacco case.

"As this Court has recognized, 'tobacco use, particularly among children and adolescents, poses perhaps the single most significant threat to public health in the United States,'" said Howard Crystal, the groups' lead attorney.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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#1151313 --- 02/24/10 05:26 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
looks like the tax department is going over patersons head to draft new regulations
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#1153086 --- 02/28/10 10:31 AM Re: $2 BILLION Owed NY by Tribes [Re: Scottie2Hottie]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
tribal members need to get out their passports ;\)
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#1153932 --- 03/02/10 08:53 AM Re: $2 BILLION Owed NY by Tribes [Re: Scottie2Hottie]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
New tax plan targets tribal smokes
Number of untaxed packs would be based on population

by DAVID L. SHAW/dshaw@fltimes.com
Monday, March 1, 2010 12:10 PM CST

SENECA FALLS — New regulations proposed by the state Department of Taxation and Finance would limit the Cayuga Indian Nation to buying and selling 20,100 packs of tax-free cigarettes each quarter.

That number is based on the Cayuga Nation population of 947, according to the 2000 census, and an average per capita cigarette consumption figure. That works out to 21.2 packs of cigarettes for each Cayuga Nation member each quarter.

The tax-free cigarettes would be available for sale to Cayuga members and members of other recognized Indian tribes, but not non-Indian smokers. The regulations would require non-Indians to pay state taxes on cigarettes bought at a tribal store.

The Cayugas operate LakeSide Trading convenience stores and gas stations in Seneca Falls and Union Springs, where tax-free cigarettes are sold to all customers. That practice has been challenged in court by Seneca and Cayuga counties. The case will be argued before the state Court of Appeals March 25.

The proposed regulations, which would be a new section of state Tax Law, were announced this week by Acting Tax and Finance Commissioner Jamie Woodward.

In a written statement, Woodward said the new regulations “would ensure that an adequate quantity of tax-free cigarettes would be available for purchase for the use of each Indian tribe or nation and for personal consumption by members of that tribe or nation.’’

“At the same time, they would prevent the unlimited flow of tax-free cigarettes to Indian reservation retailers,’’ Woodward said.

“The proposal would serve to address long-standing issues that have proved problematic for previous administrations and frustrating for local, non-reservation retailers who have not been able to compete for sales on a level playing field,’’ Woodward said.

The regulations would also mean that cigarette manufacturers could sell cigarettes to a licensed cigarette stamping agent only when the agency certifies that the sale is in compliance with the Tax Law.

Each September, the Tax Department would determine the annual amount of untaxed packs of cigarettes for each Nation for the forthcoming 12-month period, beginning Dec. 1.

The count of tribal members used in the formula will be census data, increased by 10 percent to allow for potential undercounting.

The tribe’s adjusted population number would then be multiplied by average annual cigarette consumption, then pro-rated quarterly beginning in December, March, June and September. The quarterly consumption amounts would then be rounded upward to accommodate cases of 300 packs of 20 cigarettes.

The numbers are subject to adjustments based on evidence provided by the Indian tribes as to their actual cigarette consumption for those periods.

Other tribes and their estimated quarterly untaxed cigarette pack allotment, based on population, include:

• Oneida Indians, 31,200.

• Onondagas, 60,600.

• Senecas, 168,600.

• Poostatuck, 8,100.

• Shinnecock, 40,500.

• Tonawanda Band of Senecas, 5,700.

• Tuscarora, 21,900.

• St. Regis Mohawk, 291,600.

Woodward also revoked an advisory opinion issued March 16, 2006. Current court injunctions that prevent the Tax Department from enforcing the tax laws related to sale by stamping agents to reservation sellers and reservations sales at the tribal level to non-Indians remain in place.

Along with these proposed regulations, Gov. David A. Paterson will soon propose legislation to clarify the Section 471, sub-section 4 of the Tax Law, the basis for the certification process. That is independent of the mechanism see out in Tax Law Section 471-e.

The Tax Department will accept comments from any interested party on the proposed regulations within 45 days of the publication.

The complete text of the regulations and other contact information can be found at http://www.nystax.gov.

Philip Spellane, lawyer for the two counties in the sales tax litigation, said he recalls the regulations being proposed in the past and then abandoned.

“It’s not a novel idea. It’s good they are trying to work out a resolution to collect these taxes,’’ Spellane said.

“I know there’s a lot of pressure from all sides and this issue will not go away,’’ Spellane said.

He declined to comment on whether the regulations would be a good solution to the problem, citing the pending litigation on the issue.

Cayuga Nation representatives could not be reached for comment
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#1156419 --- 03/07/10 04:20 PM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
DNA test at 100% for tax exempt
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#1157016 --- 03/09/10 05:28 AM Re: $2 BILLION Owed NY by Tribes [Re: bluezone]
Scottie2Hottie Offline
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Registered: 01/27/03
Posts: 16463
Loc: aka Brightside
WOOOOO HOOOOO

http://news10now.com/mohawk-valley-news-...rust-challenges


CENTRAL NEW YORK -- The latest court ruling in the Oneida Land Trust lawsuit is a win for the Nation. Two years ago, the Department of Interior decided to put 13,000 acres of land into trust for the Oneida Indian Nation.

On Monday, a federal court dismissed a number of claims brought by the Central New York Fair Business Association, along with Oneida County Legislator Michael Hennessy, Assemblyman David Townsend and others.

In U.S. District Court Judge Lawrence Kahn's decision, he said:

* Upheld the constitutionality of trust land

* Rejected claims of illegal gaming on non-Indian lands

* Reaffirmed the Oneida reservation was never disestablished

* Dismissed allegations the Department of Interior's land into trust decision was racially discriminatory

* Upheld the decision to transfer the 18 acre Verona annex to the Griffiss Air Force Base

* Dropped claims against Nation Representative Ray Halbritter.



"We expected it. We've always known it's got to go to the Supreme Court and that's where the final determining decision should be made," said Hennessy.

In a statement, Nation spokesperson Mark Emery said, "In the absence of a resolution, the Nation obviously is very pleased with this ruling, as it moves the trust land challenges significantly closer to closure."

Oneida County has its own lawsuit against the nation. Last year the Board of Legislators rejected a $55 million agreement that would have ended the county's land trust lawsuits. County Executive Anthony Picente said he'd be willing to negotiate again only if the board lays out its parameters.

"If we want to deal with what is in front us and what's under our direction in terms of property taxes, and land use and issues that are relevant and under our direction and together with the Oneidas then let's do it," said Picente.

Hennessy says he has no regrets about rejecting last year's proposed settlement. At this point in time the Trust Land Issue will move forward in the courts.

In a statement to News 10 Now, Assemblyman David Townsend said he wasn't surprised by the court's decision and this issue should go all the way to the Supreme Court.
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#1157199 --- 03/09/10 02:24 PM Re: $2 BILLION Owed NY by Tribes [Re: Scottie2Hottie]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
did you read the ruling?

many many hurdles for the tribe
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#1160955 --- 03/18/10 09:59 AM Re: $150 BILLION Owed NY by Tribes [Re: Rich_Tallcot]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: Rich_Tallcot
Originally Posted By: LaughinWillow
Why should tribes honor agreements with you, when their agreements weren't honored?

As BZ asked - WHAT treaty are you referring to? Surely NOT the Treaty of Canandaigua in which was recognized the right of the tribes to sell their remaining lands, which they did.


Talk about hypocritical? To argue that enforcing the law would cause a loss of jobs or closure of businesses is a bit hypocritical. The tribes making those arguments closed down competitors and took jobs from legitimate tax paying businesses by intimidating the state to selectively enforce the law against everyone else. What about those people's rights?

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#1162746 --- 03/22/10 07:15 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: LaughinWillow
Why should tribes honor agreements with you, when their agreements weren't honored?



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#1166560 --- 03/31/10 01:21 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: bluezone
Court rules for state in American Indian land case

The Associated Press
Tuesday, February 24, 2009; 10:41 AM

WASHINGTON -- The Supreme Court on Tuesday limited the federal government's authority to hold land in trust for Indian tribes, a victory for states seeking to impose local laws and control over development on Indian lands.

The court's ruling applies to tribes recognized by the federal government after the 1934 Indian Reorganization Act.

The U.S. government argued that the law allows it to take land into trust for tribes regardless of when they were recognized, but Justice Clarence Thomas said in his majority opinion that the law "unambiguously refers to those tribes that were under the federal jurisdiction" when it was enacted.

The ruling comes in a case involving the Narragansett Indian Tribe in Rhode Island and a 31-acre tract of land.

At issue was whether the land, in Charlestown, R.I., should be subject to state law, including a prohibition on casino gambling, or whether the parcel should be governed by tribal and federal law.

The dispute dates to 1991, when the Narragansetts purchased the land to build an elderly housing complex, which remains incomplete.

The 1st U.S. Circuit Court of Appeals in Boston rejected the state's argument that Rhode Island should be the applicable authority. The high court reversed the appellate ruling.

Justice Stephen Breyer, who joined the majority opinion, indicated that it is possible that tribes not recognized by the federal government before the 1934 law might still have been under federal jurisdiction "even though the federal government did not believe so at the time." As an example, Breyer said, the government has acknowledged that some tribes were mistakenly left off a list the Interior Department compiled following the law's enactment.

But Breyer said he did not forsee that possibility for the Narragansetts.

Only Justice John Paul Stevens fully dissented from Thomas' opinion, which he called a "cramped reading" of the 1934 law.

A spokeswoman for Rhode Island Gov. Don Carcieri did not immediately return a call seeking comment. Jack Killoy, an attorney for the Narragansett Indian Tribe, said he had not read the decision and could not immediately discuss it.

The case is Carcieri v. Salazar, 07-526.

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#1166565 --- 03/31/10 01:24 PM Re: $1 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: Duude
Why honor any Treaty now when you never have before?


What specific aspect of your treaty has not been honored?

.


?????
.
Still waiting?????

Just name one aspect of a treaty that was broken.

.

.








still looking ???????


.


...




Originally Posted By: BJ Radford
my name really is BJ Radford and I really am the Chief Operating Officer of LakeSide Enterprises, the Cayuga Nation's business arm...


Originally Posted By: BJ Radford
Originally Posted By: BJ Radford
So.......in regards to the Treaty of Canandaigua, NYS has not broken it.






how about showing us a treaty that states tribes do not have to pay taxes in NYS?
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#1167133 --- 04/01/10 01:30 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
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Registered: 12/19/04
Posts: 32557
Loc: USA
Obama signs cigarette trafficking bill over tribal objections
Thursday, April 1, 2010


President Barack Obama signed the Prevent All Cigarette Trafficking Act into law on Wednesday.
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#1169398 --- 04/08/10 10:09 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
wonder if obama worked out this deal.
paterson should take notes
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#1173014 --- 04/20/10 09:38 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
paterson/ravitch
can you say worthless
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#1173758 --- 04/22/10 09:46 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
April 22, 2010

ALBANY — The Paterson administration will soon advance new tax regulations to begin the collection of excise taxes on cigarette sales by Native American retailers, a top aide to Gov. David A. Paterson said Wednesday. The move was sharply condemned by a top Seneca Nation leader.

“The governor will enforce the law, and we are taking steps necessary to do that. There shouldn’t be any doubt about that,” said Peter Kiernan, the governor’s counsel.
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#1176288 --- 04/30/10 07:49 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
how much time paterson?
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#1177123 --- 05/02/10 07:36 PM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: bluezone

State Sen. Martin Golden, a Brooklyn Republican and a member of the committee on investigations and government operations, said during Tuesday's hearing that the time for negotiating is over. He said he favors a "drop dead" date, to start charging the tax whether the tribes agreed to it or not.

Wagging his finger at Indians in the audience, he said the U.S. victory over the British during the Revolutionary War gave the government the right to tax its citizens, and he suggested that the tribes benefited from state health, education and public works programs and should therefore be required to pay the same taxes.

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#1177809 --- 05/04/10 07:06 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Oneidas Want Cigarette Charges Dropped
Source: Finger Lakes News Radio

The Oneida man-arrested last Friday in Montezuma-for transporting 2,900 cartons of untaxed cigarettes-was connected to an Indian tribe.

The Auburn Citizen reports that 30- year old Adam Berdanier is an employee of the Oneida Indian Nation and was stopped because his truck did not have a vaild state Department of Transportation number on it. That's when State Police found the untaxed cigarettes.

Oneida Indian Nation Spokeman Mark Emery says quote " the police officer made a serious mistake by arresting an innocent worker who was lawfullly doing his job." It's a felony if you are in possession of more that 30,000 untaxed cigarettes. The tribe wants the charges dropped.
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#1180862 --- 05/12/10 07:55 AM Re: $150 BILLION Owed NY by Tribes [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32557
Loc: USA
Originally Posted By: bluezone
Originally Posted By: bluezone
Originally Posted By: bluezone
Court sides with Sherrill
Supreme Court justices rule 8-1
Oneida Nation must pay tax to city
Wed, Mar 30, 2005
R. PATRICK CORBETT Observer-Dispatch

The Oneida Indian Nation must pay taxes on its property in the city of Sherrill and potentially on all land it has bought outside of its 32-acre reservation in Madison County, the U.S. Supreme Court ruled Tuesday. In an 8-1 decision, the court ruled that the New York Oneidas cannot disrupt two centuries of local development by refusing to pay local taxes on a gas station and T-shirt factory it owns in Sherrill in Oneida County. New York City lawyer Ira Sacks, who pleaded Sherrill's case pro bono, said, "We were very pleased. The Supreme Court agreed with the principal argument that after 200 years ... the Oneida Indian Nation can't pick and choose places to buy and take it out of local jurisdiction." The justices also remarked on the "distinctly non-Indian character of the area and its inhabitants," because most Oneida Indians moved out of the area about 150 years ago.



Have we forgot?

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