HCI Distribution Sues New York State to Recover Confiscated Truck Loaded with Native-Manufactured Smokes

Here are the materials in HCI Distribution v. New York State Police (N.Y. Sup. Ct.):

2012-02-28 Order to show cause

2012-02-28 Final Verified Petition

2012-02-27 Tarbell Affidavit (Executed)

2012-02-28 Guerrero Affidavit (Executed)

2012-03-01 Amended RJI

1 State Police – Cover Letter

2 State Police – Answer

3 State Police – Exhibits

4 State Police – Memorandum of Law

5 State Police – Appendix Unreported Cases

6 State Police – Affidavits and Affirmations

7 State Police – NEB AAG Affd w Exhibits

Mashantucket Pequot Prevails in Tax Dispute with Town of Ledyard et al.

Here is the order.

Available briefs are here.

Cert Petition in Comenout v. Washington — Tax Case

Here.

Here are the questions presented:

1. Did the court below err by holding that the State of Washington has jurisdiction to charge a state cigarette tax crime against a Quinault Indian and other Indians allegedly selling untaxed cigarettes at the Quinault Indian’s trust allotment located outside the Quinault Indian Reservation boundaries?

2. Did the court below err in refusing to apply the federal law definition of Indian country, 18 U.S.C. § 1151(c)?

3. Did the court below err in holding that the State of Washington, an optional Public Law 280 state, had state tax crime criminal jurisdiction of enrolled Indians on trust lands?

4. Did the court below err in holding that Washington law, Wash.Rev.Code 37.12.010 through 060, was exempt from the Quinault Tribe’s retrocession of state jurisdiction?

City of Dillingham, Alaska – Proposed Annexation of Nushagak Bay

The City of Dillingham has petitioned to annex a large portion of the Nushagak Bay. The City intends to impose a tax on the sale or use of raw fish within the territory to be annexed.  The Petition has been opposed by several Alaska Native groups that rely heavily on Bay resources.

The Petition and related documents can be found here:

http://commerce.alaska.gov/dca/lbc/2010_City_of_Dillingham_Annexation/

The City also has requested preclearance from the Department of Justice to hold the annexation vote,  pursuant to the Voting Rights Act of 1965:

http://www.justice.gov/crt/about/vot/notices/vnote013012.php

Oneida CEO Ray Habritter on Fox News

Here.

Tenth Circuit Rules against Muscogee (Creek) Nation in Challenge to Tobacco Master Settlement Agreement

Here is today’s opinion in Muscogee (Creek) Nation v. Pruitt.

And the briefs:

Muscogee Opening Brief

Oklahoma Answer Brief

Muscogee Reply

Lower court materials here.

Miccosukee Appeals IRS Subpoenas Case

Here is the opening brief:

Miccosukee Opening Brief

Lower court materials here.

NYTs on Indian-Manufactured Cigarettes

Here.

Excerpt:

Inside, employees of the Oneida Indian Nation dump the shredded tobacco leaves into rolling machines and fashion them into cigarettes to be sold at a dozen tribal convenience stores midway between Syracuse and Utica.

The cigarettes, branded with names like Niagara’s and Bishop, sell for as little as $39.95 for a 10-pack carton — much cheaper than those at non-Indian retailers — and bring in millions of dollars a year to the tribe, which also has a resort casino, five golf courses and a multimedia production house.

“We tried poverty for 200 years,” the Oneidas’ leader, Ray Halbritter, said in an interview. “We decided to try something different.”

Thanks to T.W.

S.D. SCT Reverses Costs/Attorney Fees Award to American Indian Plaintiffs in Long-Running Tax Case

Here is the opinion in Pourier v. S.D. Dept. of Revenue and Regulation.

An excerpt:

Loren Pourier, the owner of a corporation that operates a gas station on reservation land, brought an action against the South Dakota Department of Revenue and Regulation (Department) to protest a state motor-fuel tax imposed on the corporation. This Court held the fuel tax was illegal in Pourier v. South Dakota Department of Revenue & Regulation (Pourier I), 2003 S.D. 21, 658 N.W.2d 395. Pourier then filed a motion for costs and attorneys’ fees pursuant to SDCL 10-59-34. The circuit court granted the motion. The Department appeals. We reverse.

SCOTUSblog: Ute Mountain Ute v. Padilla a Petition to Watch

Here (along with briefs).