The Citizen

The U.S. Supreme Court has scheduled a case conference for May 11 regarding the Cayuga Nation of New York's and Seneca-Cayuga Tribe of Oklahoma's petition for the high court to hear their land claim case.

The conference will be for the justices to decide if they will grant the tribes' petition, said Seneca County Attorney Steven Getman Tuesday.

The conference is only for the justices and does not involve the public or the attorneys in the case.

Getman says county officials defending against the land claim may know as soon as the same day if the petition is granted, but another conference could be rescheduled.

The tribe is attempting to appeal last June's decision by the U.S. 2nd Circuit Court of Appeals that dismissed the Cayuga Nation's and the Seneca-Cayuga tribe of Oklahoma's land claim.

The tribes are arguing the court stepped beyond the Supreme Court's January decision in the city of Sherrill v. Oneida Indian Nation case that rejected automatic sovereignty for land bought by tribes within their historic homelands.

The 2nd Circuit decision reversed a 2000 jury trial finding that the tribes deserved monetary judgments from the state. U.S. Northern District Court Judge Neal McCurn determined the tribes were owed close to $250 million.

The decision said the tribes weren't eligible for the monetary damages for the loss of land in the 1790s and had waited too long to pursue the restoration of their lands.

Meanwhile, the Cayuga Nation has applied for an estimated 125 acres in Cayuga and Seneca counties to be taken into trust by the federal government.

Appeals to the Supreme Court are rarely granted.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net