United States Second Circuit

In an action by the Oneida Indian Nation of New York (the "OIN") against Madison and Oneida Counties to enjoin them from foreclosing on OIN-owned property for non-payment of taxes, summary judgment for plaintiff is affirmed where the OIN was immune from the counties' foreclosure actions under the principle that, "as a matter of federal law, an Indian tribe was subject to suit only where Congress authorized the suit or the tribe had waived its immunity."

Appellate Information

• Argued 11/06/2007
• Decided 04/27/2010
• Published 04/27/2010

Judges

• Before: CABRANES, SACK, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Don B. Miller, Don. B. Miller, P.C., Boulder, CO, for Putative Intervenor-Appellant., Andrew D. Bing, Assistant Solicitor General, State of New York (Andrew M. Cuomo, Attorney General, on the brief; Barbara D. Underwood, Solicitor General; Daniel Smirlock, Deputy Solicitor General; and Peter H. Schiff, Senior Counsel, of counsel; Dwight A. Healy, White & Case LLP, co-counsel), New York, NY, for Amicus Curiae State of New York., Ronald J. Tenpas, Assistant Attorney General; Samuel C. Alexander, Elizabeth Ann Peterson, and Kathryn E. Kovacs, U.S. Department of Justice Environment & Natural Resources Division, Appellate Section; and Thomas Blaser, U.S. Department of the Interior, Washington, DC, for Amicus Curiae United States.


• For Appellees:
  
• David M. Schraver, Nixon Peabody LLP, Rochester, NY, for Defendants-Counter-Claimants-Appellants., Michael R. Smith, Zuckerman Spaeder LLP (David A. Reiser, of counsel; Peter D. Carmen of Oneida Nation Legal Department, Verona, NY, on the brief), Washington, DC, for Plaintiff-Counter-Defendant-Appellee.