The attorneys representing the village of Union Springs and Cayuga County in the Cayuga Nation bingo hall litigation are asking a judge to overturn his earlier decision in light of recent higher court rulings.

The lawyers said their position is greatly strengthened by the Supreme Court's city of Sherrill decision during the spring and this week's U.S. 2nd Circuit Court of Appeal's decision in the Cayuga Nation's and Seneca-Cayuga Tribe of Oklahoma's land claims.

"It is our position, based on the City of Sherrill alone, the decision should be vacated," said Judith Sayles, one of the attorneys from the Hiscock and Barclay law firm.

"That position is clearly strengthened by the 2nd Circuit Court of Appeals' decision."

Following the Sherrill decision ruling the Oneida Indian Nation's purchases of land within their historic territory are not exempt from regulation, the 2nd Circuit Court of Appeals ruled this week delays in the Cayugas and the Seneca-Cayugas seeking relief warranted the land claims' dismissal.

The 2nd Circuit also previously agreed with the Hiscock and Barclay firm's request to return the bingo hall case to U.S. District Court Judge David Hurd.

Hurd will hear oral arguments Aug. 10 on the impact the Sherrill decision has on his May 2004 decision to declare the Cayugas' Union Springs parcels Indian Country and let them open their bingo hall.

The attorneys are waiting to hear on what timeline Hurd would want to hear their latest motion request, but they are hoping that it can be heard at the same time as the injunction motion, Sayles said.

Otherwise, the attorneys will have to see what Hurd's decision on lifting the injunction is, and, if they win, then argue for overturning the rest of Hurd's decision that the village parcel is "immune from regulation by the village, town (of Springport) and county," Sayles said.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 x282 or at amaris.elliot-engel@lee.net