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The Reveille/Between the Lakes, “Judge tells Cayugas: Stop selling untaxed cigs,” February 19, 2009. The story covered State Supreme Court Justice Kenneth Fisher’s order to the Cayuga Indian Nation to stop selling untaxed cigarettes at its two convenience stores in Seneca Falls and Waterloo. His decision was released on February 18 after the Nation and the Harris Beach attorneys for Seneca and Cayuga counties presented oral arguments on February 13. The newspaper noted that in a second decision also issued on February 18, Judge Fisher ruled the counties need not now return to the Cayugas the 17,600 cartons of cigarettes seized during raids in November 2008. Finger Lakes Times, “Judge rules with counties/Cayugas’ stores should not have been reopened,” February 19, 2009. This story is about State Supreme Court Justice Kenneth Fisher’s decision that the Cayuga Indian Nation cannot sell untaxed cigarettes at its convenience stores in Seneca Falls and Union Springs. Judge Fisher also ruled in favor of Seneca and Cayuga counties on the issue of whether the counties can keep the computers and cigarettes sized in a raid of the convenience stories on November 25. “We’re delighted with the rulings on each case,” Philip G. Spellane, the Harris Beach lawyer representing the counties, told the Finger Lakes Times. The Citizen, “Judge rules against Cayugas/Ruling says nation can’t sell untaxed cigarettes until full review by Appellate Division,” February 19, 2009. The story picked up State Supreme Court Justice Kenneth Fisher’s February 18 decision ordering the Cayuga Indian Nation to stop selling untaxed cigarettes at its two convenience stores at least until an appeals court makes a ruling on the legality of doing so. The story also covered Judge Fisher’s decision that the district attorney need not return untaxed cigarettes seized during a raid in November by law enforcement authorities in Seneca and Cayuga counties. “The Cayugas have to obey his (Judge Fisher) December 9 ruling that had favored the counties until it is fully reviewed by the state Appellate Division in Rochester,” The Citizen reported. The Citizen, “Cayugas denied suspension of court ruling,” February 21, 2009. An appeals court on February 20 turned down the Cayuga Indian Nation’s request for an immediate suspension of State Supreme Court Justice Kenneth Fisher’s February 18 decision ordering the Cayuga Indian Nation to stop selling untaxed cigarettes at its two convenience stores, The Citizen reported. The newspaper noted that the state’s Appellate Division in Rochester will consider Justice Fisher’s February 18 decision on March 2. Finger Lakes Times, “Appellate Court denies tribe’s hold request,” February 22, 2009. The Finger Lakes Times reported that State Supreme Court Justice Kenneth Fisher’s February 18 decision ordering the Cayuga Indian Nation to stop selling untaxed cigarettes remains in effect based on an appeals court ruling. The Appellate Division will consider the Nation’s appeal of Judge Fisher’s February 18 decisions (Nation must stop selling untaxed cigarettes and Seneca and Cayuga counties do not have to return seized cigarettes) on March. 2. “It’s a good decision by the Appellate Court to not grant the immediate stay. That means Judge Fisher’s order remains in effect and they are not selling untaxed cigarettes,” Philip Spellane (Harris Beach), lawyer for Seneca and Cayuga Counties, told the Finger Lakes Times. The Post-Standard, “Cayugas tax case stuck on idle,” March 6, 2009. A state appellate court denied motions submitted by both sides, and is set to rule on the dispute at an appeals hearing next month,” The Post-Standard reported. The newspaper noted that the court plans to hear the Cayugas’ appeal on April 3. Philip Spellane, the Harris Beach lawyer for Seneca and Cayuga Counties, told The Post-Standard, “I think from a practical standpoint that probably does make sense because we have the formal appeal in a couple of weeks.” The Citizen, “DA: Notice of appeal to be filed in cigarette tax ruling,” July 11, 2009. This story reports on Cayuga County District Attorney Jon Budelmann’s intention to file a notice of appeal regarding the Fourth Department Appellate Division ruling on July 10 saying the Cayuga Indian Nation can legally sell untaxed cigarettes at its Seneca Falls and Union Springs stores. In this story, Budelmann is quoted as saying: “We knew this was going to be a challenging endeavor, but it is not in my nature to shy away from tough cases. While I may not win every battle, I will not stop pursuing those who violate the law.” The Citizen, “Legislature rejects offer,” July 14, 2009. This story reports that the Cayuga County Legislature and the Seneca County Board of Supervisors rejected a settlement with the Cayuga Indian Nation regarding the cigarette sales tax and decided to pursue an appeal if the Fourth Department Appellate Division ruling of July 10. The Nation offered to throw out a lawsuit against the Counties and pay their legal fees if the Counties agreed not to appeal the Appellate Division’s decision. In this story, County Legislator Ray Lockwood said regardless of whether the tribe succeeds in placing land in a trust, and thus gaining nationally-recognized sovereignty, it is necessary for the counties to pursue an appeal. “If we simply walked away, that would forever give them rights to claim sovereignty. This is a forever issue.” Click here to return to the Relevant Information page. |