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#586873 --- 06/06/07 02:57 PM Re: Cayuga settlement offer - has anyone heard ? [Re: grinch]
BraveHeart Offline
Gold Member

Registered: 04/12/00
Posts: 17740
Loc: TOV Seneca Falls
Time has proven that this "final" deal will not be that.

Once we give them this, they will only demand more.
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#586902 --- 06/06/07 05:27 PM Re: Cayuga settlement offer - has anyone heard ? [Re: BraveHeart]
Gio Offline
Gold Member

Registered: 08/01/03
Posts: 16476
Loc: Cleveland
I absolutely agree with you BH. Cave now and it will only keep snowballing.
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#586931 --- 06/06/07 07:54 PM Judge rejects UCE lawsuit [Re: Gio]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4947
Loc: Fourth Estate
Judge rejects land trust suit

A federal judge has tossed out a lawsuit aimed at delaying the Oneida Indian Nation's request to put land into trust.

The lawsuit was filed too early because the federal secretary of the Interior has taken no action on the requests by the Oneidas and five other tribes, U.S. District Judge David Hurd ruled last week. Hurd said a suit can be filed only after a federal agency takes some kind of action.

The citizens groups say the federal government needs to include all the applications in a single environmental study "to assess the cumulative jurisdictional impacts." Federal officials argued that the requests are separate and have no influence on each other.

Six land trust applications are pending in New York. The Oneidas', at 17,370 acres, is the largest. The other requests are for a total of 744 acres and were filed by the Oneidas of Wisconsin, the Cayuga Indian Nation, the Seneca-Cayuga Tribe of Oklahoma, the St. Regis Mohawks and the Stockbridge-Munsee Band of Mohican Indians.

Wednesday, June 06, 2007
By Glenn Coin
Staff writer
© 2007 Syracuse Online, LLC.

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#587070 --- 06/07/07 05:43 AM Re: Judge rejects UCE lawsuit [Re: newsman38]
racefan73 Offline
Senior Member

Registered: 03/15/07
Posts: 1160
Loc: seneca-cayuga
Where does the Mighty Gov. Elliott Spitzer weigh in on this? Haven't heard what his stand was. As I recall, he wasn't willing to make deals with the Indians during his campaign for governor. What happened to that, did he forget about his promises? No different from the other politicians. I don't understand why our government takes the side of the Indian tribes, not just here but all across the country. I don't know if they vote, but I know we do. We put these politicians in office. We pay the taxes, not he Indians. Most of all, our voice goes un heard or ignored.

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#587333 --- 06/07/07 05:14 PM Re: Judge rejects UCE lawsuit [Re: racefan73]
Ranger Offline
Diamond Member

Registered: 10/23/00
Posts: 25141
Loc: GOD's 1/2 acre
you don't have the capital the indians have, most should know, the one that can pay the most wins ;\) \:\(
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#587462 --- 06/08/07 05:52 AM Re: Judge rejects UCE lawsuit [Re: racefan73]
Headless Horseman Offline
Member

Registered: 07/14/00
Posts: 213
Originally Posted By: racefan73
Where does the Mighty Gov. Elliott Spitzer weigh in on this? Haven't heard what his stand was. As I recall, he wasn't willing to make deals with the Indians during his campaign for governor.


Spitzer only said he wouldn't make deals with "out of state" tribes. His opponent pointed out what that really meant. He also pointed out that Spitzer was flying around the state in a plane lent to him by a casino developer. But the local yocals here, like the rest of the state, didn't pay attention and followed "the Sheriff of Wall Street" down the primose path.

The counties have lost this one. Take the money and run before we end up like Madison and Oneida counties with nothing at all.

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#587594 --- 06/08/07 09:52 AM Re: Judge rejects UCE lawsuit [Re: newsman38]
dwarren Offline
Senior Member

Registered: 01/20/03
Posts: 1542
Loc: West Seneca, NY
Originally Posted By: newsman38
Judge rejects land trust suit

A federal judge has tossed out a lawsuit aimed at delaying the Oneida Indian Nation's request to put land into trust.

The lawsuit was filed too early because the federal secretary of the Interior has taken no action on the requests by the Oneidas and five other tribes, U.S. District Judge David Hurd ruled last week. Hurd said a suit can be filed only after a federal agency takes some kind of action.

The citizens groups say the federal government needs to include all the applications in a single environmental study "to assess the cumulative jurisdictional impacts." Federal officials argued that the requests are separate and have no influence on each other.

Six land trust applications are pending in New York. The Oneidas', at 17,370 acres, is the largest. The other requests are for a total of 744 acres and were filed by the Oneidas of Wisconsin, the Cayuga Indian Nation, the Seneca-Cayuga Tribe of Oklahoma, the St. Regis Mohawks and the Stockbridge-Munsee Band of Mohican Indians.

Wednesday, June 06, 2007
By Glenn Coin
Staff writer
© 2007 Syracuse Online, LLC.


UCE was not a party to this lawsuit.

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#588858 --- 06/11/07 03:18 PM Re: Cayuga settlement offer - has anyone heard ? [Re: Rich_Tallcot]
justaxme Offline
Senior Member

Registered: 08/31/05
Posts: 2351
Loc: On top?
Originally Posted By: Rich_Tallcot
Originally Posted By: justaxme
And who are these clowns that have negotiated a "deal" in secret with no public input, behind closed doors (with their hands out) and that they will now be trying to cram down our throats?


UCE is working on an official press release that may be a few days before finalized. All I've had to work with is the official "joint" press release and newspaper articles. Neither the Cayuga Co. attorney, chairman, or legislators were involved and were only handed a summary three days ago by Harris Beach. None of them have even seen the proposal and the devil is always in the details.

Hopefully they'll have a chance to read it before being asked to vote on it, UNlike the proposed settlements of yesteryear.

I know Dave Dresser, the Seneca Co. Land Claim Committee Chairman, is in favor of it. I'm guessing Harris Beach was paid by the state to work out another casino deal.


Rich, how do you think the DOI is going to rule on the Turning Stone this thursday? Every court in the land has called it illegal. Do you think the DOI will wave it's magic wand and make it legal? What a joke the law of the land is. If you have enough money you can BUY anything. Including the law!!!!
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#588865 --- 06/11/07 03:21 PM Re: Cayuga settlement offer - has anyone heard ? [Re: justaxme]
justaxme Offline
Senior Member

Registered: 08/31/05
Posts: 2351
Loc: On top?
Gambling compact is on the line
Oneida leader, Spitzer meet after learning agreement is under review

By JAMES M. ODATO, Capitol bureau
Click byline for more stories by writer.
First published: Tuesday, March 20, 2007

ALBANY -- Oneida Indian Nation leader Ray Halbritter met with Gov. Eliot Spitzer Monday, four days after the U.S. Department of the Interior revealed in a letter to both men that the legal basis for opening the tribe's Turning Stone Casino is under "reconsideration."

The letter, obtained by the Times Union, gives the state leverage that could force the Oneida to share millions of dollars in gambling revenues with the state.


The March 15 letter, addressed to Halbritter and Spitzer, says the two leaders have until April 30 to notify the Interior Department that they've begun negotiations on a new gaming compact. Otherwise, by June 15, the department will announce its ruling on whether Turning Stone can be allowed to remain open.

"The department does not take lightly the decision to reconsider a compact," wrote Larry Jensen, deputy solicitor for the DOI. "This is the first time the department has taken this step."

An Oneida spokesman, Mark Emery, said the meeting with Spitzer was a general discussion about how the state and nation might resolve some outstanding issues, including the tribe's land claim, Turning Stone's continued operation, and taxation of Oneida retail sales.

He said the DOI letter, received Friday, means the federal government wants to break agreements the tribe made with George Washington involving the makeup of its reservation and former Gov. Mario Cuomo, who issued the 1993 gaming compact for the casino.

Spitzer said he had not read the letter. An aide said later it is under review.

In 2005, the U.S. Supreme Court ruled the casino is built on nonsovereign property, while a state court declared the gaming compact invalid because the Legislature did not act on it.

The Cuomo administration granted the Oneida a compact that does not require the tribe to share any gambling revenues with the state. The other two tribes with compacts, the Mohawks and the Seneca, provide a cut of slot machine revenue to the state.
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#588952 --- 06/11/07 11:20 PM Re: Cayuga settlement offer - has anyone heard ? [Re: justaxme]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Originally Posted By: justaxme
Rich, how do you think the DOI is going to rule on the Turning Stone this thursday? Every court in the land has called it illegal. Do you think the DOI will wave it's magic wand and make it legal? What a joke the law of the land is. If you have enough money you can BUY anything. Including the law!!!!


Well Axme, I'm not even going to make the call. The thing of it is, the NIGC is a rule making body with no jurisdiction, which is why the compromise was made in their rules to force tribes to get compacts from the states to open class three casinos. That gives the states jurisdiction. The courts have already ruled that way and explained it that way.

But, as you say, if the law can be bought by buying off the Governor, there is no law. Spitzer is an incompetent. The Shinnecock on L.I. get shut down for not remitting sales tax because there are more people there with "influence". Follow the money trail.

The thing of it is, the DOI has made statements that imply they may shut it down. To NOT do so at this point would make other tribes realize throughout the country that they can all get away with it. I think the DOI has put themselves in a situation where they'll have to.

That's what Spitzer is banking on, then he can claim he wasn't the bad guy. What the DOI SHOULD do is bring both Spitzer and Halbritter up on charges under Title 18.

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#589256 --- 06/12/07 04:42 PM Re: Cayuga settlement offer - has anyone heard ? [Re: Rich_Tallcot]
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
Federal policy is said to promote Indian Sovereignty. But at what cost to the tribes and the rest of us. The policy is flawed and those who agree it is yet throw up their hands and say there is nothing we can do about it are wrong. There is something that can be done, do not approve proposals from Indian Tribes, close down illegal casinos and businesses that refuse to collect sales taxes. That would be a start.

Here are a few problems that Indian Sovereignty has spawned.

http://online.wsj.com/article_email/arti...MjYxMTIyWj.html

Some more interesting reading:

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070612/NEWS/706120312

http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20070612/OPINION/706120304/1001

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#589745 --- 06/13/07 04:25 PM Re: Cayuga settlement offer - has anyone heard ? [Re: Don]
justaxme Offline
Senior Member

Registered: 08/31/05
Posts: 2351
Loc: On top?
Looks like the DOI over rules the NY and US Supreme Courts. It's a sad day. I don't care whether you are for or against the TS Casino. But when a Department of the Federal Government tells you the courts mean nothing and they are the final word, it's a sad day. Money talks and justice walks.


Edited by justaxme (06/13/07 04:28 PM)
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#589764 --- 06/13/07 05:05 PM Re: Cayuga settlement offer - has anyone heard ? [Re: justaxme]
justaxme Offline
Senior Member

Registered: 08/31/05
Posts: 2351
Loc: On top?
These reporters crack me up. Most don't know what they are talking about. Especially regarding the landclaims. They seem to think that the DOI is god and they they are the final word. Don't expect our gutless professional Lifetime Politicians to do anything!!! Let's just let a "department" make Federal and State law.
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#589787 --- 06/13/07 05:52 PM Re: Cayuga settlement offer - has anyone heard ? [Re: justaxme]
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
Unbelieveable.

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#589790 --- 06/13/07 05:58 PM Re: Cayuga settlement offer - has anyone heard ? [Re: grinch]
Driver8 Offline
Senior Member

Registered: 05/19/00
Posts: 1081
Loc: Seneca Falls
Weren't you UCE geniuses the same people who said that Turning Stone would be shut down? And now you tell us that we'll beat the Cayugas land trust?

You guys don't have a great track record right now.

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#589871 --- 06/13/07 09:37 PM Re: Cayuga settlement offer - has anyone heard ? [Re: Driver8]
justaxme Offline
Senior Member

Registered: 08/31/05
Posts: 2351
Loc: On top?
The UCE has won every court case it was involved in. They didn't have the money to buy off the DOI and all the sleezy professional lifetime politicians. I am not a member of the UCE but I am thankful for the work they do. Let's face it, New York is headed downhill and the growth of casino gambling is just a symptom of a sick and dying state.
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#589882 --- 06/13/07 10:08 PM Re: Cayuga settlement offer - has anyone heard ? [Re: justaxme]
Z Genius Lusifer Offline
Diamond Member

Registered: 11/16/01
Posts: 27999
Loc: inside your head & under your ...
The Casino Industry will be the savior of NYS. We must encourage these Native American Casino's to be built and employ the many New Yorkers that are out of work and give them a means to make a living wage and prosper.


Saying Casino's are the downfall and not stating the same rational for new and existing liquor stores and wine stores is contridictary and just plain ignorant....
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#590008 --- 06/14/07 09:37 AM Re: Cayuga settlement offer - has anyone heard ? [Re: justaxme]
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
June 14, 2007
DOI won't revoke Oneida Nation gaming compact
printer friendly
The Interior Department won't rescind its approval for the Oneida Nation's gaming compact with the state of New York.

Associate deputy secretary Jim Cason said it was too late to review the 1993 deal. There is no mechanism in the Indian Gaming Regulatory Act to revoke compacts, he told the tribe [PDF].

The tribe hailed the decision. "I want you to know from me personally that your jobs are safe," nation representative Ray Halbritter told employees, The Syracuse Post-Standard reported. The Turning Stone Resort Casino employs 5,000 people

The tribe vowed it would go to court to keep the facility open if DOI rescinded its approval of the compact, which was invalidated in the state courts.

Get the Story:
Turning Stone Allowed To Continue Operating (The Syracuse Post-Standard 6/14) http://www.indianz.com/IndianGaming/2007/003421.asp
Well Dick, Dan you will need to keep looking for a way to close down Turning Stone. The Stone still turns.
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#590333 --- 06/15/07 03:41 AM Re: Cayuga settlement offer - has anyone heard ? [Re: Okla.ndn]
Laker Offline
Member

Registered: 04/13/00
Posts: 239
Loc: SF, NY USA
get a job ! hey maybe they will give you a job at the crap table. since your so full of it . how is the dream on 90 doing ? i see some corn thats it .

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#590524 --- 06/15/07 10:48 AM Re: Cayuga settlement offer - has anyone heard ? [Re: Okla.ndn]
dwarren Offline
Senior Member

Registered: 01/20/03
Posts: 1542
Loc: West Seneca, NY
The recent decision by the United States Department of the Interior regarding its approval of the tribal-state compact between the Oneida Indian Nation of New York and the State of New York demonstrates that it has abdicated its role as charged by Congress and its role regarding Indian issues should be abolished. Richard Blumenthal, Connecticut Attorney General, in commenting on the Bureau of Indian Affairs in March, 2004 stated that “this rogue agency, out of control, lawless, ready to twist and distort logic and law in reaching a result driven by money and politics.” This is the case in its most recent action. This criticism is not only from those outside the agency, Earl Devaney the Inspector General for the U.S. Department of the Interior testified before Congress recently that “Short of a crime, anything goes at the highest levels of the Department of the Interior.” That could explain why common sense and adherence to the law doesn't seem to matter.

It is well settled that the issue of whether or not a State has entered into a compact under IGRA is determined by state law and the DOI cannot make an invalid compact valid by administrative fiat. In 1995 the New Mexico Supreme Court determined that its governor lacked the authority to enter into a compact under IGRA in the absence of legislative authorization (this is the identical issue decided by the New York courts in Peterman v. Pataki). The United States District Court of Appeals for the Tenth Circuit held that "that the Governor's lack of authority was fatal to the compacts' validity under IGRA" in Jicarilla Apache Tribe v. Kelly, 129 F.3d 535. In Pueblo of Santa Ana v. Kelly, 104 F.3d 1546 the Tenth Circuit held that "[w]hile preservation of tribal sovereignty was clearly of great concern to Congress, respect for state interests relating to class III gaming was also of great concern. We are hesitant to conclude that Congress intended to permit a state to be bound by a compact regulating class III gaming which it never validly entered."

It is clear that under the law the compact between the Oneidas and the State of New York was not validly entered into and is therefore is invalid under IGRA. The governor of the State of New York is mandated by our State Constitution to enforce all laws and is bound by the judgment of our Courts that this compact was never validly entered into.

The Governor must enforce the law of the State of New York and put an end to the illegal gambling engaged in at the Turning Stone Casino. If he fails to carry out his constitutional duties UCE will do what it can to force the Governor’s hand.


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