State Sen. Michael Nozzolio called it "a one-two punch."
Following the U.S. Supreme Court decision in the Sherrill case this spring, a federal court ruled Tuesday that the Cayuga Nation and the Seneca-Cayuga Tribe of Oklahoma are not entitled to a $248 million land claim award.
"The decision by the U.S. 2nd Circuit Court of Appeals validates my strong belief that this land claim is unjust to our homeowners and should effectively end almost three decades of legal harassment perpetrated in the courts," Nozzolio said. "You can't sit on your rights for 200 years and sue."
Representatives for the Cayuga and Seneca-Cayuga tribes said they are stunned by the 2-1 ruling that overturned U.S. District Court Judge Neal McCurn's 2001 damage award and, in effect, dismissed the entire 25-year-old land claim.
"This is a crushing blow to us," said Scott Wood, one of the attorneys for the Seneca-Cayuga Tribe of Oklahoma. "To any tribe in the country that has a potential land claim, this says they are out of luck. No, it says they're out of time."
Attorney Glenn Feldman, who also represented the Seneca-Cayugas, said the appeals court decision "came out of left field" and was totally unexpected, even in the wake of Sherrill. In March, the U.S. Supreme Court ruled that the Oneida tribe did not have sovereignty over land purchased off their reservation.
"We're pretty disappointed. We think these two judges interpreted Sherrill far more broadly than the Supreme Court intended," Feldman said.
"If this ruling stands up, it will be the death-knell for all Indian land claims based on a historic-taking of land," said Martin Gold, an attorney representing the Cayuga Indian Nation.
"This is a radical decision, goes far beyond Sherrill and is quite inconsistent with precedent," Gold said. "But this has been a long war. We've won some battles, lost some battles. But the war is not over."
Attorneys for the tribes said they will appeal the decision first by asking the circuit court to rehear it, and then, if necessary, take the case to the U.S. Supreme Court.
Although he had actively negotiated with the tribes for settlement deals that would have given them rights to Catskill casinos, Gov. George Pataki called Tuesday's decision "a tremendous victory for the property owners and taxpayers in central New York. For years, we've been fighting to protect the interests of homeowners and businesses in Cayuga and Seneca counties."
After the Sherrill ruling in March, Pataki's office withdrew legislation to settle five Indian land claims, including the Cayugas', and establish five casinos in the Catskills.
The Cayuga case is the only Indian land claim in New York to make it through the courts. The Oneidas, Onondagas, Mohawks and Senecas also have land claims pending against New York.
"The present case must be dismissed because the same considerations that doomed the Oneidas' claim in Sherrill apply with equal force here," 2nd Circuit Justice Jose Cabranes wrote.
Cabranes and Justice Rosemary Pooler said those considerations included the passage of so much time; that most of the tribe has moved elsewhere; the tribe's long delay in seeking relief; and the "long-standing, distinctly non-Indian character of the area and its inhabitants."
The two judges also concluded that the Cayugas' claim for trespass damages could not go forward "for the simple reason that there can be no trespass unless the Cayugas possessed the land in question."
Justice Janet Hall wrote a lengthy dissent saying her fellow judges misread the Sherrill decision and that it did not require dismissal of the claim, nor should it prevent the tribes from seeking monetary damages.
Wood said the decision "goes far beyond the boundaries of what the Supreme Court said in Sherrill."
Based on Hall's opinion, tribal representatives said they will file an "en banc" request for the entire 2nd Circuit of 13 judges to re-hear arguments. Joseph Heath, who represents the most traditional Cayugas - one of three factions of the Cayuga Nation - characterized Hall's dissent as strong.
He said the ruling could be overturned if the entire panel heard the case.
"Whatever differences there are among the Cayuga leaders will pale when trying to remedy this injustice," said Syracuse attorney Joseph Heath, who has represented a faction within the Cayugas.
"What was said today was you can take land illegally and then say there is nothing you can do about it. That's not justice. That's not what any of us expect in the United States. We're going to continue to work to make the results better."
The Cayugas and Seneca-Cayugas filed their land claim in 1980 but it wasn't until 1994 that U.S. District Judge Neal McCurn ruled New York state illegally acquired 64,015 acres of tribal land in Seneca and Cayuga counties by entering into invalid treaties with the Cayugas without receiving congressional ratification required by a 1790 law.
A jury awarded the two tribes $36.9 million in damages in 2000 for the land's current worth and the loss of two centuries of fair market rental value. McCurn added $211 million in interest in 2001.
The tribes were seeking affirmation of McCurn's rulings, but challenged his determination of damages and interest, saying they were entitled to a $1.7 billion judgment.
The state asked for the award to be reduced, or dismissed.
The appeals court noted its decision was not a reflection on McCurn's efforts and rulings during the 25-year long case.
The justices said they "recognize and applaud the thoughtful and painstaking efforts" of McCurn but that the "legal backdrop had evolved since the district court rulings" and McCurn could not have anticipated the Supreme Court's decision in the Sherrill case.
The Associated Press contributed to this story.
More than 200 years of the Indian land claim case
1789: New York state and Cayuga Indians establish a 64,000-acre reservation at the north end of Cayuga Lake. Gov. George Clinton pays $500 in silver, agrees to pay another $1,625 June 1, and an annuity of $500 thereafter.
1795: The state buys the Cayuga Indians' land bordering Cayuga Lake, reserving three square miles of reservation land. The state agrees to pay an $1,800 annuity in addition to the original $500.
1807: Cayugas cede all remaining reservation land to New York. The state pays $4,800 for 3,200 acres of land.
1980: The Cayuga Indian Nation of New York files suit against the state, Cayuga and Seneca counties and 7,000 landowners. The lawsuit seeks the return of all 64,000 acres of former reservation land, $350 million in damages and the eviction of all property owners. The Seneca-Cayuga Tribe of Oklahoma joins the Cayugas in the suit shortly after it is filed.
2000: The land claim trial, which pits the federal government, the Cayuga Indians and the Seneca-Cayuga Tribe of Oklahoma against New York state, is decided after two days by a jury, which awards the tribes $37 million - $35 million for the fair market value of the land and about $17,500 per year in fair rent.
2001: U.S. District Court Judge Neal McCurn increased the settlement, ruling that the state pay land-claim damages totaling $247.9 million, including $211 million in interest payments.
2002: New York appeals McCurn's decision on damages to the U.S. Second Circuit Court of Appeals. Tribes later also file appeals to increase the damage amount.
2004: Gov. George Pataki announces a memorandum of understanding with the Cayuga Nation that would give the tribe $247.9 million over 14 years and allows them to establish up to 10,000 acres as sovereign land claim area and gives them the rights to build a casino in the Catskills.
March 29, 2005: In an 8-1 decision, U.S. Supreme Court reverses lower court ruling and says Oneidas do not have sovereign rights over lands purchased off their reservation. The decision has far-reaching repercussions.
April 15, 2005: Citing the U.S. Supreme Court's March 29 decision in the Sherrill case and a drop in supportive political momentum, Pataki withdraws legislation to settle five Indian land claims and establish five casinos in the Catskills.
June 28, 2005: U.S. 2nd Circuit Court of Appeals reverses McCurn's decision in the original land claim case, citing the Sherrill decision.
"The decision by the U.S. 2nd Circuit Court of Appeals validates my strong belief that this land claim is unjust to our homeowners and should effectively end almost three decades of legal harassment perpetrated in the courts," Nozzolio said. "You can't sit on your rights for 200 years and sue."
Representatives for the Cayuga and Seneca-Cayuga tribes said they are stunned by the 2-1 ruling that overturned U.S. District Court Judge Neal McCurn's 2001 damage award and, in effect, dismissed the entire 25-year-old land claim.
"This is a crushing blow to us," said Scott Wood, one of the attorneys for the Seneca-Cayuga Tribe of Oklahoma. "To any tribe in the country that has a potential land claim, this says they are out of luck. No, it says they're out of time."
Attorney Glenn Feldman, who also represented the Seneca-Cayugas, said the appeals court decision "came out of left field" and was totally unexpected, even in the wake of Sherrill. In March, the U.S. Supreme Court ruled that the Oneida tribe did not have sovereignty over land purchased off their reservation.
"We're pretty disappointed. We think these two judges interpreted Sherrill far more broadly than the Supreme Court intended," Feldman said.
"If this ruling stands up, it will be the death-knell for all Indian land claims based on a historic-taking of land," said Martin Gold, an attorney representing the Cayuga Indian Nation.
"This is a radical decision, goes far beyond Sherrill and is quite inconsistent with precedent," Gold said. "But this has been a long war. We've won some battles, lost some battles. But the war is not over."
Attorneys for the tribes said they will appeal the decision first by asking the circuit court to rehear it, and then, if necessary, take the case to the U.S. Supreme Court.
Although he had actively negotiated with the tribes for settlement deals that would have given them rights to Catskill casinos, Gov. George Pataki called Tuesday's decision "a tremendous victory for the property owners and taxpayers in central New York. For years, we've been fighting to protect the interests of homeowners and businesses in Cayuga and Seneca counties."
After the Sherrill ruling in March, Pataki's office withdrew legislation to settle five Indian land claims, including the Cayugas', and establish five casinos in the Catskills.
The Cayuga case is the only Indian land claim in New York to make it through the courts. The Oneidas, Onondagas, Mohawks and Senecas also have land claims pending against New York.
"The present case must be dismissed because the same considerations that doomed the Oneidas' claim in Sherrill apply with equal force here," 2nd Circuit Justice Jose Cabranes wrote.
Cabranes and Justice Rosemary Pooler said those considerations included the passage of so much time; that most of the tribe has moved elsewhere; the tribe's long delay in seeking relief; and the "long-standing, distinctly non-Indian character of the area and its inhabitants."
The two judges also concluded that the Cayugas' claim for trespass damages could not go forward "for the simple reason that there can be no trespass unless the Cayugas possessed the land in question."
Justice Janet Hall wrote a lengthy dissent saying her fellow judges misread the Sherrill decision and that it did not require dismissal of the claim, nor should it prevent the tribes from seeking monetary damages.
Wood said the decision "goes far beyond the boundaries of what the Supreme Court said in Sherrill."
Based on Hall's opinion, tribal representatives said they will file an "en banc" request for the entire 2nd Circuit of 13 judges to re-hear arguments. Joseph Heath, who represents the most traditional Cayugas - one of three factions of the Cayuga Nation - characterized Hall's dissent as strong.
He said the ruling could be overturned if the entire panel heard the case.
"Whatever differences there are among the Cayuga leaders will pale when trying to remedy this injustice," said Syracuse attorney Joseph Heath, who has represented a faction within the Cayugas.
"What was said today was you can take land illegally and then say there is nothing you can do about it. That's not justice. That's not what any of us expect in the United States. We're going to continue to work to make the results better."
The Cayugas and Seneca-Cayugas filed their land claim in 1980 but it wasn't until 1994 that U.S. District Judge Neal McCurn ruled New York state illegally acquired 64,015 acres of tribal land in Seneca and Cayuga counties by entering into invalid treaties with the Cayugas without receiving congressional ratification required by a 1790 law.
A jury awarded the two tribes $36.9 million in damages in 2000 for the land's current worth and the loss of two centuries of fair market rental value. McCurn added $211 million in interest in 2001.
The tribes were seeking affirmation of McCurn's rulings, but challenged his determination of damages and interest, saying they were entitled to a $1.7 billion judgment.
The state asked for the award to be reduced, or dismissed.
The appeals court noted its decision was not a reflection on McCurn's efforts and rulings during the 25-year long case.
The justices said they "recognize and applaud the thoughtful and painstaking efforts" of McCurn but that the "legal backdrop had evolved since the district court rulings" and McCurn could not have anticipated the Supreme Court's decision in the Sherrill case.
The Associated Press contributed to this story.
More than 200 years of the Indian land claim case
1789: New York state and Cayuga Indians establish a 64,000-acre reservation at the north end of Cayuga Lake. Gov. George Clinton pays $500 in silver, agrees to pay another $1,625 June 1, and an annuity of $500 thereafter.
1795: The state buys the Cayuga Indians' land bordering Cayuga Lake, reserving three square miles of reservation land. The state agrees to pay an $1,800 annuity in addition to the original $500.
1807: Cayugas cede all remaining reservation land to New York. The state pays $4,800 for 3,200 acres of land.
1980: The Cayuga Indian Nation of New York files suit against the state, Cayuga and Seneca counties and 7,000 landowners. The lawsuit seeks the return of all 64,000 acres of former reservation land, $350 million in damages and the eviction of all property owners. The Seneca-Cayuga Tribe of Oklahoma joins the Cayugas in the suit shortly after it is filed.
2000: The land claim trial, which pits the federal government, the Cayuga Indians and the Seneca-Cayuga Tribe of Oklahoma against New York state, is decided after two days by a jury, which awards the tribes $37 million - $35 million for the fair market value of the land and about $17,500 per year in fair rent.
2001: U.S. District Court Judge Neal McCurn increased the settlement, ruling that the state pay land-claim damages totaling $247.9 million, including $211 million in interest payments.
2002: New York appeals McCurn's decision on damages to the U.S. Second Circuit Court of Appeals. Tribes later also file appeals to increase the damage amount.
2004: Gov. George Pataki announces a memorandum of understanding with the Cayuga Nation that would give the tribe $247.9 million over 14 years and allows them to establish up to 10,000 acres as sovereign land claim area and gives them the rights to build a casino in the Catskills.
March 29, 2005: In an 8-1 decision, U.S. Supreme Court reverses lower court ruling and says Oneidas do not have sovereign rights over lands purchased off their reservation. The decision has far-reaching repercussions.
April 15, 2005: Citing the U.S. Supreme Court's March 29 decision in the Sherrill case and a drop in supportive political momentum, Pataki withdraws legislation to settle five Indian land claims and establish five casinos in the Catskills.
June 28, 2005: U.S. 2nd Circuit Court of Appeals reverses McCurn's decision in the original land claim case, citing the Sherrill decision.
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