taxation – Page 55 – Turtle Talk

New York Court of Appeals Affirms Cayuga Cigarette Tax Immunity in Cayuga v. Gould

May 11, 2010May 11, 2010Matthew L.M. Fletcher

Thanks to T.W., here is the opinion (4-3): Cayuga Opinion

Lower court materials are here.

Oneida v. Madison County News Coverage

April 28, 2010Matthew L.M. Fletcher

“Court: Oneida Indian Nation can ignore tax collector.” Today’s edition of The Post-Standard of Syracuse, New York contains an article that begins, “When the U.S. Supreme Court ruled in 2005 that the Oneida Indian Nation had to pay property taxes, much of Madison and Oneida counties rejoiced. A federal appeals court on Tuesday, however, stripped the counties of the power to actually collect those taxes. A panel of the 2nd Circuit Court of Appeals said that, while the tribe might owe taxes, it can’t be taken to court because it’s sovereign.”

The Oneida Daily Dispatch reports today that “Court rules that Madison and Oneida counties can’t foreclose on Oneida Indian Nation land.”

And The Utica Observer-Dispatch contains an article headlined “US judges: Counties can’t foreclose on Oneidas.”

South Dakota Transportation Commission Finally Earmarks $$$ To Implement Pourier Decision

April 26, 2010Matthew L.M. Fletcher

News article here.

The South Dakota Supreme Court’s most recent decision in the Pourier litigation is here.

Cross-Motions for Summary Judgment in Saginaw Chippewa Reservation Boundaries Case

April 26, 2010Matthew L.M. Fletcher

Here it comes — the case is captioned Saginaw Chippewa Indian Tribe v. Granholm (E.D. Mich.):

Federal Motion for Partial Summary Judgment

Michigan Motion for Partial Summary Judgment

Federal Response to State Motion for Summary Judgment

Michigan Response to Federal Motion for Summary Judgment

SCIT Response to Federal Motion

SCIT Response to State Motion

Federal Reply

Michigan Reply

Materials on the Expert Witnesses

Materials on the “Rosebud Sioux” defenses

Materials on the laches defenses

Complaint

One Federal Criminal Count Dismissed Against Indian Smokeshop Supplier…

April 20, 2010Matthew L.M. Fletcher1 Comment

As a result of the Second Circuit’s recent Golden Feather decision.

Here are the materials in United States v. Morrison (previous post here):

Motion for Reconsideration

DCT Order Dismissing Count Two

An excerpt:

Based on the Second Circuit’s March 4, 2010 decision in City of New York v. Golden Feather Smoke Shop, Inc., 597 F.3d 115 (2d Cir. 2010), I have reconsidered, and changed my earlier determinations that defendant’s motions to dismiss Count Two on substantive due process grounds lacked merit. As a result, the conviction under Count Two is vacated, and the Count is dismissed.