Court: Oneidas to pursue lawsuits

By The Associated Press

Tuesday, August 14, 2007 11:57 AM EDT

VERONA - Despite its wishes, the Oneida Indian Nation must proceed with lawsuits it filed in state court over whether nation-owned property can be taxed, a state appeals court has ruled.
The nation filed lawsuits in state court against 22 municipalities in Madison and Oneida counties in 2005 but sought to withdraw them after federal Judge David Hurd ruled that the counties could not pursue foreclosure proceedings to seize nation property over unpaid taxes.

Last June, state Supreme Court Justice Dennis McDermott refused to let the Oneidas drop the suits.

Three judges in the state Appellate Division's Third Judicial Department in Albany unanimously agreed with McDermott. The judges said the Oneidas couldn't simply drop the lawsuits just to avoid an unfavorable outcome that might be counter to Hurd's federal court decision.

“Public policy favors a resolution of these issues, especially considering that the federal decision is being appealed and therefore remains uncertain,” the judges wrote in a four-page decision.

Furthermore, the judges disagreed with the Oneidas that the federal decision was binding, noting that the case dealt with interpretation of state statutes.

The Oneidas have feuded for years with the counties, towns and local school districts over whether the tribe, which claims sovereignty, should pay property taxes. In 2005, the U.S. Supreme Court considered the city of Sherrill's tax dispute with the Oneidas and ruled that the tribe could not claim sovereignty over former reservation lands it reacquired.

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