DOJ brief backs Cayuga Nation in tobacco tax dispute
Thursday, February 25, 2010
Filed Under:
Business
|
Law
The
Department of Justice has submitted an amicus brief in a tobacco tax case involving the
Cayuga Nation of New York, The Auburn Citizen reports.
Authorities in Cayuga and
Seneca counties
seized cigarettes and property owned by the tribe. A state appellate court later ruled the counties lacked jurisdiction on Indian land.
The counties filed an appeal and says the tribe's smoke shops are not located on trust land. But DOJ says Congress never disestablished the Cayuga Reservation.
“(The counties) are mistaken in asserting that the Cayuga reservation was 'abandoned' and then 're-established' when the Cayuga regained title,” DOJ said in the brief, The Auburn Citizen reported. “The Cayuga reservation never ceased to exist, because Congress never disestablished it.”
The
New York Court of Appeals will hear the case on March 25 in
Syracuse.
Get the Story:
Outside agencies address Cayuga cigarette tax cas
(The Auburn Citizen 2/25)
New York Appellate Division Decision:
Cayuga
Nation v. Gould (July 10, 2009)
New York Supreme Court Decision:
Cayuga
Nation v. Gould (December 9, 2008)
Related Stories:
Editorial: Cayuga Nation tobacco battle a big
issue (2/22)
Cayuga Nation wants
seized cigarettes back (7/17)
Second
county rejects Cayuga tobacco tax offer (7/16)
County to appeal Cayuga Nation tobacco case
(7/15)
Cayuga Nation offers settlement
in tobacco case (7/14)
Cayuga Nation
wins tobacco taxation decision (7/13)
Battle over Cayuga Nation tobacco continues
(3/6)
Cayuga Nation halts sale of tax-free
cigarettes (2/20)
Judge rules against
Cayuga Nation tobacco sales (2/19)
Cayuga Nation to reopen disputed smoke shops
(01/30)
Court halts Cayuga Nation tobacco
prosecution (01/22)
Cayuga Nation seeks
halt to tobacco prosecution (1/13)
Cayuga Nation plans to fight tobacco tax
charges (12/10)
Cayuga Nation in court
over raid of smokeshops (12/4)
Cayuga
Nation claims 'reservation' exemption (12/2)
Cayuga Nation heads to court after smokeshop raid
(12/1)
County authorities raid Cayuga
Nation smoke shops (11/26)
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