Posted on 03/12/2002 9:03:17 PM PST by Behind Liberal Lines
SYRACUSE - U.S. District Court Judge Neal P. McCurn Monday reaffirmed his decision to award the Cayuga Indian Nation $247.9 million in damages in its 22-year-old land claim case.
McCurn's decision came in response to briefs and motions filed last year asking him to modify the award. The Cayuga Nation has sued for the return of more than 64,000 acres of former reservation land in Seneca and Cayuga counties, which they claim was taken from them illegally by the state 200 years ago.
McCurn awarded $36.9 million in damages and $211 million in interest in a two-phase trial that began in 2000 and ended last fall.
In yesterday's ruling, McCurn:
Denied the Cayugas' motion to increase and the state's motion to reduce damages awarded in the case, as well as their motions for a new damages trial. The Cayugas wanted to add $1.7 billion in interest to the original $36.9 million damage award. The state wanted the interest "denied or severely limited."
Granted the request that all defendants, except the state of New York, be removed from the federal case.
Granted the state's motions for a stay in having to pay the award.
Citing testimony from state Budget Director Carole Stone, McCurn agreed it would be "difficult and disruptive" to later recover funds already spent on land, buildings or other capital items, if the decision is eventually overturned. He also agreed that the Cayuga tribes, with limited resources, might be unable to repay.
The state now has 60 days to decide whether to appeal the ruling.
"We are counting on the state to appeal as they have said they would," Connie Talcott, chairperson of the Upstate Citizens for Equality, said this morning. "We are looking for them to keep their word."
Calls placed to the state Attorney General's office were not returned.
Talcott said she hopes this is the last ruling by McCurn, and that UCE's goal has always been to get the case to an appeal, because they feel the case can be won in an appeal.
Raymond Heslin, an attorney for the Cayugas, said this morning that this is McCurn's last ruling and if the case is appealed it will be taken to the 2nd Circuit Court of Appeals in Manhattan.
"It is exactly what we anticipated he would do," Heslin said of the decision.
Heslin said that the Cayuga Nation does not intend to appeal the decision if the state will the pay the $247.9 million plus interest that has been accruing since McCurn first named that sum in the award.
"They are satisfied that this is the final chapter, and would accept the judgment," he said. "It leaves the choice to the governor whether he wants to end this saga or appeal."
A call placed to the governor's office was not returned by press time this morning.
Heslin added that settling the Cayugas case would be easier than the problems with the Oneida land claim case because there are no other tribes that have a stake in the claim, so once the money is paid, the case would be over.
"If the governor appeals, we will cross-appeal, seeking all of the interest - which was around $1.7 billion," Heslin said, adding that the landowners would probably become defendants again if the case is appealed.
The Cayugas have said they would use the award to establish a sovereign reservation in New York.
Several elected officials contacted in Cayuga and Seneca counties reacted negatively Monday afternoon to word of McCurn's ruling.
"That's horrible. It virtually gives them license to buy anything in the area and it would be off the tax rolls ... and not bound to our laws," said Raymond E. Lockwood, chairman of the Cayuga County Legislature and owner of land in the claim area. He opposes giving the Cayugas any money.
Seneca Falls Supervisor Peter W. Same said the award will create an unfair playing field for businesses in the area by allowing the Cayugas to buy land and create a tax-exempt sovereign nation.
"I feel the Indian claim is inappropriate and the wrong way for the federal government to handle this case. I support appealing McCurn's ruling," Same said.
William L. Dorr of Rochester, attorney for Cayuga and Seneca counties, said the counties were not party to the damages trial.
"The counties' consistent position has been to appeal the underlying liability issues that saw the judge say the Cayugas' claim was valid. We plan to press forward with that," Dorr said.
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