Gould v. Cayuga Indian Nation Cert Petition

Here:

Gould v. Cayuga Cert Petition

Lower court materials here.

Questions presented:

I. Whether the New York State Court of Appeals in its 4-3 decision in Cayuga Indian Nation of New York v. Gould, 14 N.Y.3d 614 (2010), properly interpreted federal law on a matter it believed the United States Supreme Court had not yet addressed in holding that two parcels of land purchased by a successor to the historic Cayuga Indian Nation in 2003 and 2005 were exempt from New York’s cigarette sales and excise taxes after two hundred years of non-Indian ownership and governance.

II. Whether in that decision the New York Court of Appeals properly held both that (i) the Cayuga Indian Nation possessed a federal reservation pursuant to the 1794 Treaty of Canandaigua despite the fact that the Cayuga Indian Nation had ceded all of its land to New York State in 1789; and (ii) the United States did not subsequently disestablish any purported federal reservation.

When it rains, it pours, and it’s a veritable hurricane in New York right now.

Federal Court Preliminary Injunction in PACT Act Tobacco Case

Here is an update in Red Earth LLC v. United States (W.D. N.Y.) (news article here, via Pechanga):

USA Opposition to Motion for PI

Order – PI (7-30-10)

The TRO materials are here.

Seminole Tribe Answer Brief in State Taxation Case

Here: Seminole Tribe brief.

Opening brief here.

Opening Brief in Florida v. Seminole Tribe State Court Tax Case

Here: Florida Appellant Brief

Ninth Circuit Rejects Challenge to Tax on Non-Indians

Here is the opinion in Lanphere v. Wright.

Briefs here.

Tenth Circuit Affirms Dismissal of Muscogee (Creek) Tax Case under Eleventh Amendment

Here is the opinion in Muscogee (Creek) Nation v. Oklahoma Tax Commission.

Briefs are here.

Lower court materials here.

Challenge to Tribal Authority to Tax Non-Indians on Reservation Land

The case is Lanphere v. Wright (CA9, no decision yet), and is a part of Paul Matheson’s ongoing efforts to avoid tribal, state, and federal law (here and here).

Here are the materials in this case:

Lanphere DCT Order

Lanphere Opening Brief w addendum

Wright Response Brief

Lanphere Reply Brief

Court Amends Chehalis v. Thurston County Order; Outcome Stays the Same

Here is that order: DCT Order Amending Judgment.

Saginaw Chippewa Briefs Struck in Reservation Boundary Case as Not Being Timely

Here is the order: DCT Order Striking Sag Chip Briefs

The remaining materials are here.

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

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

Lower court materials are here.