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Sherrill, N.Y. v. Oneida Indian Nation of New York

Docket No.: 03-855
Certiorari Granted: Jun 28 2004
Argued: January 11, 2005
Decided: March 29, 2005

Topics:

Civil Rights, Indians, State Jurisdiction Over, Federal-State Relations, First Amendment, Indians, equitable relief, immigration, immunity from suit, preemption, property rights, retaliation, sovereign immunity, stare decisis

PartyNames: City of Sherrill, New York v. Oneida Indian Nation of New York, et al.
Petitioner: City of Sherrill, New York
Respondent: Oneida Indian Nation of New York, et al.

Court Below: United States Court of Appeals for the Second Circuit
Citation: 337 F3d 139
Supreme Court Docket

City of Sherrill, New York
v.
Oneida Indian Nation of New York, et al.
544 U.S. 197 (2005)
Question Presented:

1. Whether alleged reservation land is Indian Country pursuant to 18 U.S.C. § 1151 and this Court's decision in Alaska v. Native Village of Venetie Tribal Gov't, 522 U.S. 520 (1998) ("Venetie") where the land was neither set aside by the federal government nor superintended by the federal government? 2. Whether alleged reservation land was set aside by the federal government for purposes of Indian Country analysis under 18 U.S.C. § 1151 and Venetie where the alleged reservation was established by the State of New York in the 1788 Treaty of Fort Schuyler, and not by any federal treaty, action or enactment? 3. Whether the 1838 Treaty of Buffalo Creek, which required the New York Oneidas to permanently abandon their lands in New York, resulted in the disestablishment of the Oneida's alleged New York reservation? 4. Whether alleged reservation land may (i) remain Indian Country or (ii) be subject to the protections of the Non-Intercourse Act, 25 U.S.C. § 177, if the tribe claiming reservation status and Non-Intercourse Act protection ceases to exist?

Question:

Were land parcels once owned by the Oneida Nation, sold in 1807 but repurchased in the 1990s by the Nation's descedant tribe, part of an Indian Reservation and thus exempt from local taxes?

Sherrill, N.Y. v. Oneida Indian Nation of New York
ORAL ARGUMENT

January 11, 2005

Holding: reversed and remanded
Decision: Decision: 8 votes for Sherrill, N.Y., 1 vote(s) against
Vote: 8-1
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