1. In view of Sherrill, whether New York tribes exercise “concurrent” jurisdiction over fee lands within the plenary taxing and regulatory authority of the state and local governments, thereby enabling those tribes to engage in gaming under the Indian Gaming Regulatory Act (IGRA), and cause the same or greater disruptions of settled expectations condemned by this Court in Sherrill.
2. Whether fee lands under plenary state and local taxation and regulation (per Sherrill) constitute “Indian lands” under IGRA because those lands are located within the Cayugas’ historic reservation.
3. Whether the Cayuga Nation’s ancient reservation was disestablished.
Lower court materials here.
Here is the opinion in Cayuga Nation v. Tanner:
Here is the opinion in Cayuga Nation v. Tanner (N.D. N.Y.):
Here are more materials in the case captioned Cayuga Nation v. Tanner (N.D. N.Y.):
38 DCT Order Denying Unity Council Motion to Intervene
41 Plaintiffs Reply in Support of PI
42 Plaintiffs Response to Tanner Motion to Dismiss
50 DCT Order Dismissing Claims
52-1 Motion for Reconsideration
60 Tanner Opposition
61 Plaintiffs Reply
Apparently, the Halftown faction (the plaintiffs here) is continuing the fight for gaming, while the Unity Council group has been dismissed from the case. We posted materials on this case here.
Originally filed by Clint Halftown’s group against the Village of Union Springs to enjoin the village’s effort to regulate Class II bingo; now a challenge to the Halftown group by the Cayuga Nation Unity Council. News coverage here.
Here are the materials:
5-1 Motion for PI
7 DCT Show Cause Order
27 Cayuga Nation Unity Council Motion to Intervene
28 Cayuga Nation Unity Council Motion to Dismiss
32 Defendants Cross-Motion to Dismiss
33 Plaintiffs Response
The IBIA decision on the Cayuga leadership dispute is here.
A state court decision on the leadership dispute is here.