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City of Sherrill V. Oneida Indian Nation, 544 U.S

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City of Sherrill V. Oneida Indian Nation, 544 U.S User Name: David Giampetroni1 Date and Time: Friday, October 4, 2019 2:13:00 PM EDT Job Number: 99197537 Document (1) 1. City of Sherrill v. Oneida Indian Nation, 544 U.S. 197 Client/Matter: SNI 136 sct 1072: Search Type: Natural Language Narrowed by: Content Type Narrowed by Cases -None- | About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2019 LexisNexis David Giampetroni1 Caution As of: October 4, 2019 6:13 PM Z City of Sherrill v. Oneida Indian Nation Supreme Court of the United States January 11, 2005, Argued ; March 29, 2005, Decided No. 03-855 Reporter 544 U.S. 197 *; 125 S. Ct. 1478 **; 161 L. Ed. 2d 386 ***; 2005 U.S. LEXIS 2927 ****; 73 U.S.L.W. 4242; 35 ELR 20065; 18 Fla. L. Weekly Fed. S 199 CITY OF SHERRILL, NEW YORK, open market, unilaterally, generations Petitioner v. ONEIDA INDIAN NATION Case Summary OF NEW YORK, et al. Subsequent History: US Supreme Court Procedural Posture rehearing denied by City of Sherrill v. Respondent Indian tribe sued petitioner city, Oneida Indian Nation, 544 U.S. 1057, 161 seeking a declaration that former tribal L. Ed. 2d 1103, 125 S. Ct. 2290, 2005 U.S. property, which had been illegally sold, but LEXIS 4317 (U.S., 2005) had since been reacquired by the tribe, was subject to tribal sovereignty and exempt Prior History: [****1] ON WRIT OF from taxation by the city. Upon the grant of CERTIORARI TO THE UNITED STATES a writ of certiorari, the city appealed the COURT OF APPEALS FOR THE judgment of the United States Court of SECOND CIRCUIT. Appeals for the Second Circuit which upheld the tribe's sovereignty claim. Oneida Indian Nation v. City of Sherrill, Overview 337 F.3d 139, 2003 U.S. App. LEXIS 14533 The subject property was unlawfully sold to (2d Cir. N.Y., 2003) a non-Indian without federal government Disposition: Reversed and remanded. approval, and the property remained in non- Indian hands for almost 200 years until the Core Terms tribe purchased the property. The tribe contended that its purchase of the property Tribe, reservation, Treaty, tribal, parcels, revived its sovereignty over the historic sovereign, properties, territory, non-Indian, reservation land and precluded the city from damages, reservation land, sovereignty, exercising sovereign taxing authority with acres, acquiescence, ancient, diminish, regard to the property. The U.S. Supreme occupied, landowners, immunity, equitable, Court held, however, that the tribe long ago rights, Band, local taxation, conveyances, relinquished its governmental interest in the proceedings, questions, equitable relief, property and could not regain sovereignty David Giampetroni1 Page 2 of 28 544 U.S. 197, *197; 125 S. Ct. 1478, **1478; 161 L. Ed. 2d 386, ***386; 2005 U.S. LEXIS 2927, ****1 through the open-market purchase of the Americans > Authority & Jurisdiction property. Granting tribal sovereignty would not be equitable since the longstanding Governments > Native character of the area and its inhabitants was Americans > Property Rights distinctly non-Indian, there was a long HN2[ ] Native Americans, Authority & history of state sovereign control over the Jurisdiction property, and the tribe unduly delayed seeking to reassert its ancient sovereignty. See 18 U.S.C.S. § 1151. Further, the nature of the property drastically changed from wilderness at the time it was part of the tribe's reservation to Civil Procedure > US Supreme Court extensively developed at the present time, Review > General Overview and the city had a justifiable expectation that its sovereignty would not be disrupted Civil by tribal claims. Procedure > Appeals > Reviewability of Lower Court Decisions > Preservation Outcome for Review The judgment upholding the tribe's claim to sovereignty over the property was reversed, HN3[ ] Civil Procedure, US Supreme and the case was remanded for further Court Review proceedings. See Sup. Ct. R. 14.1(a). LexisNexis® Headnotes Civil Procedure > US Supreme Court Review > General Overview Civil Governments > Native Procedure > Appeals > Reviewability of Americans > Authority & Jurisdiction Lower Court Decisions > Preservation for Review Governments > Native Americans > Property Rights HN4[ ] Civil Procedure, US Supreme Court Review HN1[ ] Native Americans, Authority & Jurisdiction Questions not explicitly mentioned but essential to analysis of the decisions below 25 U.S.C.S. § 177 Act bars sales of Indian or to the correct disposition of the other tribal land without the acquiescence of the issues are treated by the U.S. Supreme Federal Government. Court as subsidiary issues fairly comprised by the question presented. Governments > Native David Giampetroni1 Page 3 of 28 544 U.S. 197, *197; 125 S. Ct. 1478, **1478; 161 L. Ed. 2d 386, ***386; 2005 U.S. LEXIS 2927, ****1 Civil Procedure > Preliminary Matter Jurisdiction > General Overview Considerations > Equity > General Overview HN7[ ] Defenses, Demurrers & Objections, Affirmative Defenses Civil Procedure > ... > Defenses, Demurrers & Objections > Affirmative When a party belatedly asserts a right to Defenses > General Overview present and future sovereign control over territory, longstanding observances and Civil Procedure > ... > Defenses, settled expectations are prime Demurrers & Objections > Affirmative considerations. Defenses > Laches HN5[ ] Preliminary Considerations, Governments > Native Equity Americans > General Overview It is well established that laches, a doctrine Tax Law > State & Local Taxes > Estate focused on one side's inaction and the & Gift Taxes > General Overview other's legitimate reliance, may bar long- dormant claims for equitable relief. Governments > Native Americans > Authority & Jurisdiction Civil Procedure > ... > Defenses, Governments > Native Demurrers & Objections > Affirmative Americans > Indian Reorganization Act Defenses > General Overview Governments > Native HN6[ ] Defenses, Demurrers & Americans > Property Rights Objections, Affirmative Defenses Governments > Native Laches is not a mere matter of time, but Americans > Taxation principally a question of the inequity of HN8[ ] Governments, Native Americans permitting the claim to be enforced--an inequity founded upon some change in the 25 U.S.C.S. § 465 authorizes the U.S. condition or relations of the property or the Secretary of the Interior to acquire land in parties. trust for Indians and provides that the land shall be exempt from state and local taxation. The regulations implementing § Civil Procedure > ... > Defenses, 465 are sensitive to the complex Demurrers & Objections > Affirmative interjurisdictional concerns that arise when Defenses > General Overview a tribe seeks to regain sovereign control over territory. Before approving an Civil acquisition, the Secretary must consider, Procedure > ... > Jurisdiction > Subject among other things: the tribe's need for David Giampetroni1 Page 4 of 28 544 U.S. 197, *197; 125 S. Ct. 1478, **1478; 161 L. Ed. 2d 386, ***386; 2005 U.S. LEXIS 2927, ****1 additional land; the purposes for which the for violation of their possessory rights on land will be used; the impact on the state the basis of federal common law, but (2) and its political subdivisions resulting from reserved the question whether equitable the removal of the land from the tax rolls; considerations ought to limit the relief and jurisdictional problems and potential available. conflicts of land use which may arise. 25 C.F.R. § 151.10 (2004). In 1997 and 1998, the Oneida Indian Nation of New York--a federally recognized tribe Lawyers' Edition Display that was a direct descendant of the Oneida Indian Nation--purchased on the open Decision market various parcels of land, located in a city in New York, that had been contained [***386] Indian tribe's open-market within the Oneida reservation, but had been purchase of historic reservation land parcels last possessed by the tribe in 1805. For two that had been last held by tribe 200 years centuries, governance of the area in question previously held not to revive tribe's had been provided by the state and its sovereignty over parcels so as to exempt county and municipal units. According to tribe from payment of local property taxes. the 2000 census, over 99 percent of the area's population was non-Indian. Summary Nevertheless, the tribe maintained that the properties were tax exempt and accordingly In a 1794 treaty, the United States refused to pay property taxes assessed by guaranteed the Oneida Indian Nation's "free the city. use and enjoyment" of a 300,000-acre reservation in the state of New York. [***387] After the city initiated state-court However, the state continued to purchase eviction proceedings, the tribe filed suit in reservation land from the Oneidas, and the the United States District Court for the Federal Government ultimately pursued a Northern District of New York for equitable policy designed to open reservation lands to relief prohibiting, currently and in the white settlers and to remove tribes future, the imposition of property taxes. westward. Many Oneidas, pressured by the The District Court, in granting summary removal policy, left the state. Those who judgment to the tribe, concluded that the stayed sold most of their remaining lands, parcels of land in question were not taxable so that by 1920, the Oneidas retained only ( 145 F. Supp. 2d 226). The United States 32 acres in the state. Court of Appeals for the Second Circuit affirmed ( 337 F.3d 139). In County of Oneida v Oneida Indian Nation (1985) 470 U.S. 226, 84 L. Ed. 2d On certiorari, the Supreme Court reversed 169, 105 S. Ct. 1245,
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