To say the least, an interesting development.
Here is the letter referencing the OIN ordinance waiving immunity irrevocably: 2010_11_30 Letter to Clerk re Declaration and Ordinance.
Madison County’s opening merits brief is due today.
Madison County v. Oneida Indian Nation
New Mexico Court of Appeals Affirms Tribal Immunity from Suit re: Land
Here is that court’s opinion in Armijo v. Pueblo of Laguna. An excerpt:
The Pueblo of Laguna (the Pueblo) appeals the order of the district court denying the Pueblo’s motion to dismiss the cross-claims of Appellee Robert Armijo (Armijo) filed in a quiet title suit. Our resolution of this appeal requires us to consider the issue of tribal sovereign immunity as it relates to non-tribal land purchased by the Pueblo and whether the Pueblo is an indispensable party. We hold that the Pueblo is immune from suit under the doctrine of tribal sovereign immunity and, further, that the Pueblo is an indispensable party who cannot be joined. Accordingly, we reverse the order of the district court and remand for dismissal of Armijo’s cross-claims.
Interestingly, this case was decided Oct. 6, right before the Supreme Court granted cert in Madison County v. Oneida Indian Nation.
News Coverage of Madison County v. OIN
From How Appealing:
“U.S. Supreme Court to hear Oneida Indian Nation foreclosure case”: The Utica Observer-Dispatch contains this article today.
Madison County v. Oneida Indian Nation
Wow, we’ve been doing a lot of Supreme Court posts lately. Unfortunately, here’s another one. The Supreme Court granted cert in Madison County v. Oneida Indian Nation this morning. A link to the materials is here [OIN v Madison County CA2 Opinion].
Update — Justice Sotomayor seems to have recused herself from this matter (see the SCT order here).
SCOTUSBlog: Madison County v. Oneida Indian Nation at Petition to Watch for This Week’s Conference
Since the United States offered no amicus brief on the question, there is the possibility of a CVSG as well.
From SCOTUSblog:
Madison County v. Oneida Indian Nation
Docket: 10-72
Issue(s): (1) Whether tribal sovereign immunity from suit bars taxing authorities from foreclosing to collect lawfully imposed property taxes; and (2) whether the ancient Oneida reservation in New York was disestablished or diminished.
Certiorari-Stage Documents:
- Opinion below (2d Circuit)
- Petition for certiorari
- Brief in opposition
- Amicus brief of the Town of Lenox, New York
- Amicus brief of the States of New York et al.
- Amicus brief of the Town of Verona and Town of Vernon, New York
- Amicus brief of Cayuga County and Seneca County
- Amicus brief of Citizens Equal Rights Foundation et al.
- Petitioners’ reply
Oneida Indian Nation Brief in Opposition to Madison County Cert Petition
Here: Oneida Brief in Opposition to Cert Petition.
The petition and links to lower court materials here.
SCOTUSBlog: Madison County v. Oneida Nation a “Notable Petition”
No surprise here.
From SCOTUSblog:
Title: Madison County v. Oneida Indian Nation
Docket: 10-72
Issue: (1) Whether tribal sovereign immunity from suit bars taxing authorities from foreclosing to collect lawfully imposed property taxes; and (2) whether the ancient Oneida reservation in New York was disestablished or diminished.
- Opinion below (2d Circuit)
- Petition for certiorari
- Amicus brief of the Town of Lenox, New York
- Amicus brief of the States of New York et al.
- Amicus brief of the Town of Verona and Town of Vernon, New York
- Amicus brief of Cayuga County and Seneca County
- Amicus brief of Citizens Equal Rights Foundation et al.
Flurry of Amici Supporting Madison County’s Cert Petition against Oneida
Here:
States Amicus in Support of Petition
Town of Lenox Amicus in Support of Petition
Town of Verona Amicus in Support of Petition
The petition in Madison County v. Oneida Indian Nation is here. Lower court materials here.
Analysis that now appears to be mere wishful thinking on whether the Court will grant review is here.
Madison County v. Oneida Indian Nation Cert Petition
Here: Madison County cert petition.
Questions presented:
The questions presented in this case are:
1. whether tribal sovereign immunity from suit, to the extent it should continue to be recognized, bars taxing authorities from foreclosing to collect lawfully imposed property taxes.
2. whether the ancient Oneida reservation in New York was disestablished or diminished.
Lower court materials here.
Turtle Talk 