The state wants a federal injunction against Union Springs lifted to allow it to
collect taxes from the Cayuga Indian Nation.
Assistant Attorney General David Roberts Tuesday filed a “friend-of-the-court”
brief in U.S. District Court in Syracuse, asking Judge David Hurd to lift his April
23, 2004, that prevents the village of Union Springs from enforcing zoning and
other local land use laws and regulations on a parcel where the Nation owns two
businesses.
He asks Hurd to rule in favor of the village, saying the March 29 U.S. Supreme
Court “Sherrill” decision requires it to do so.
In City of Sherrill v. Oneida Indian Nation of New York, the court ruled the
Oneidas cannot reassert sovereignty over non-reservation land by buying
formally abandoned parcels.
Roberts maintains the same applies to the Cayuga Indian Nation, so Seneca and
Cayuga county land it has bought in the last 10 years is subject to local and state
taxation and other regulations.
Roberts further argues that the “Sherrill” decision applies equally, if not more
strongly, to the Cayuga Indian Nation, which was displaced from its historic
homeland during the American Revolution, sold its former Cayuga reservation
he brief, on behalf of Attorney General Eliot Spitzer, comes about six weeks
after the Seneca County Board of Supervisors asked Spitzer’s office to
investigate and possibly close gaming facilities at LakeSide Entertainment on
Route 89 in the town of Seneca Falls, claiming they may be illegal.
In a June 1 letter to County Attorney Steven Getman, Deputy Attorney General
Richard Rifkin wrote that Spitzer’s office, in conjunction with the governor’s staff,
has been carefully reviewing the Sherrill decision.
Rifkin noted questions have been raised about the exact parameters of the
state’s authority, but that the Spitzer’s office will be forcefully arguing for
expanded authority.
He said the governor’s counsel has sought clarification from the Secretary of the
Interior and National Gaming Commission about their position on that and other
issues, and there are a number of pending court cases that should further define
the implications of the Sherrill decision.
he brief, on behalf of Attorney General Eliot Spitzer, comes about six weeks
after the Seneca County Board of Supervisors asked Spitzer’s office to
investigate and possibly close gaming facilities at LakeSide Entertainment on
Route 89 in the town of Seneca Falls, claiming they may be illegal.
In a June 1 letter to County Attorney Steven Getman, Deputy Attorney General
Richard Rifkin wrote that Spitzer’s office, in conjunction with the governor’s staff,
has been carefully reviewing the Sherrill decision.
Rifkin noted questions have been raised about the exact parameters of the
state’s authority, but that the Spitzer’s office will be forcefully arguing for
expanded authority.
He said the governor’s counsel has sought clarification from the Secretary of the
Interior and National Gaming Commission about their position on that and other
issues, and there are a number of pending court cases that should further define
the implications of the Sherrill decision.
“While we appreciate the need for a complete legal review of the issues
presented, the county is disappointed that the attorney general’s office is
adopting the wait-and-see attitude and somewhat turning to the federal
authorities to address a matter that the county maintains is governed by state
criminal law,” Getman said.
He noted the county looks forward to a decision by Spitzer it hopes works reestablish
equal treatment on issues of gambling and other matters.
“In the past, Mr. Spitzer, has not shied away from challenging the federal
government’s interpretation of federal law,” Getman said.
http://www.fltimes.com/main.asp?FromHome=1&TypeID=1&ArticleID=8614&SectionID=38&SubSectionID=121 (2 of 3)6/8/2005 12:50:58 PM
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Steven Getman Attorney Franklin & Gabriel Law Office
Steven Getman County Assigned Counsel, 2008-2011
Steven Getman Seneca County Stop-DWI Coordinator, 2007
Steven Getman Seneca County Attorney, 2002-2007
Steven Getman Seneca County DSS Attorney, 1995-2001
Steven Getman Attorney Midey & Swinehart, 1995-2001
Steven Getman Seneca County Public Defender, 1995
Steven Getman Seneca County Law Guardian Panel, 1992-1995
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