indian taxation

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

Matthew L.M. Fletcher

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

Matthew 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

Matthew L.M. Fletcher

From How Appealing:

“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

Matthew 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

Matthew 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

Previous posts:

Materials on the Expert Witnesses

Materials on the “Rosebud Sioux” defenses

Materials on the laches defenses

Complaint

Osage Nation Petition for Rehearing Reservation Disestablishment Case

Matthew L.M. Fletcher3 Comments

Here: Osage Petition for Rehearing

Earlier materials are here.

Tribe Loses Summary Judgment Motions in Chehalis Great Wolf Lodge Case

Matthew L.M. Fletcher2 Comments

Sure to be appealed….

Order Granting SJ Dkt. #181

Briefs are here.

Opening Appellate Brief in Fond du Lac Band Challenge to State Authority to Tax Out of State Income of Reservation Indians

Matthew L.M. Fletcher

Here: Fond du Lac Opening CA8 Brief

Lower court materials are here.

Cayuga Indian Nation Tax Case Oral Argument Video in N.Y. Court of Appeals

Matthew L.M. Fletcher

Here.

Here is the court’s case summary.

Lower court decision here.

Appellate Briefing in Ute Mountain Tribe v. Homans in Tenth Circuit

Matthew L.M. Fletcher

Here:

01 15 2010 NM Opening Brief

Tribe Response Brief

Amici Brief

Homans Reply Brief

Findings of Fact Memo of Law and Memorandum Opinion (Lower ct decision)