Posted on 07/03/2002 4:57:58 AM PDT by Behind Liberal Lines
The next move in the Cayuga Indian land claim is up to the U.S. Court of Appeals for the 2nd Circuit in Manhattan.
Last week, lawyers for Cayuga and Seneca counties and the 7,000 private landowners in the 64,027-acre claim area formally asked to be part of the appeal of rulings made in U.S. District Court.
On June 13, U.S. District Judge Neal P. McCurn of Syracuse granted the defendants permission to seek appeals court approval to join the state in appealing his rulings that the Cayugas have a valid claim to the land.
The request to appeal was filed Wednesday by William L. Dorr of Rochester, lawyer for the two counties, and Gus P. Coldebella of Boston, Mass., lawyer for the private landowners.
"There are no arguments on our request. The appeals court will either say yes or no," Dorr said.
"I don't know when we'll get an answer. It's a waiting game now," he said.
The state's appeal is automatic, but the appeals court must give the other defendants permission to join the appeal.
The state is appealing both the ruling that the claim is valid and the award of $247.9 million in damages to the Cayugas.
The Cayuga Indian Nation of New York will also appeal some issues, especially McCurn's ruling that property owners can't be evicted from their land, even if the claim is valid. McCurn said damages would be money only.
I think the state tried a similar tack in the Cayuga case, essentially arguing that while the Cayuga might be owed $ for the land, it was more than offset by the value of the improvements. The Judge didn't buy it.
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