Judy gave a summary of some litigation as regards  the lawsuits involving lands owned by the Oneida Indian Nation (a corporation formed under the laws of the Oneida Indian Nation).  She noted that the decision on the liquor license applications for the golf courses and the club house was postponed September 5th, 2007 by the state until October 3rd, 2007.

The case involving the claim for 250,000 acres in New York was heard before Judge Kahn in Albany this spring.  In his ruling Judge Hurd has dismissed the counties of Madison and Oneida from the case and ruled that the Indians may pursue a monetary settlement from the state or perhaps the federal government.  But the Oneidas are not entitled to any land within the settlement in oneida or Madison Counties.  The Indians have indicated that they will appeal this decision.

Following the Sherrill decision from the U.S. Supreme Court, Madison and Oneida counties have sued seeking foreclosure on the property located in Oneida and Madison Counties for  nonpayment of taxes. Federal Judge Hurd whom Judy noted was the original judge overturned in Sherrill, concurred that  foreclosure for nonpayment of taxes valid, but ruled that there is no remedy that allows repossession of the land.  Judge Hurd stated in his courtroom that "he does not agree with the Supreme Court of the United States, and it isnot his boss -- the second Circuit Court is. He stated that he does not have to adhere to the ruling  of the United States Supreme Court.

The cases of Oneida and Madison Counties have been joined and an appeal filed with The Second Circuit, and we are waiting for a court date in New York City.  Central New York Fair Business Association, INC (CNYFBA) and Citizens Equal Rights Alliance (CERA) have filed under the Administrative Proceedures Act (APA) and National Environmental Protection Act (NEPA) for a  (Programmatic EIS) to be done on all areas of NY for which the Federal Government is considering the "taking" of land from State Sovereignty (individually and in any combination thereof) and placing it under Federal Sovereignty (Fee to Trust process).

The Department of Interior (DOI) and the Department of Justice (DOJ) turned the argument over to the Department of Justice, which filed a motion to dismiss.  We feel that even though Judge Hurd granted the DOJ motion to dismiss we were able to obtain some very important information in the admissions of the DOJ.  We have filed a motion  to appeal to the second circuit and  feel that we have a strong case and a good chance to win once we get beyond Judge Hurd.

We are not challenging The Indian Reorganization Act (IRA) itself but the application of regulations prepared by a bureaucratic agency.  The IRA applies to Federal Public domain land.  Because New York joined the union as one of the thirteen original colonies with its borders intact, there is not and never has been federal land in New York State.