Landowners ask court's permission to challenge Cayuga land claim rulings.

© 2002 The Syracuse Post-Standard. ^ | July 02, 2002 | By David L. Shaw Staff writer

[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.

[Behind Liberal Lines]

ping

[PeterPrinciple]

What would be the title insurance company role in this????

[Behind Liberal Lines]

In my opinion, to file bankruptcy, if the Indians were to win.

[SpinyNorman]

Here's a solution: let them recompense the current landowners for the value of the land after the inevitable casino is built. That should be fair. If they do not wish to sell, then let them rent it out to the tribe. Just don't seize the land outright.

[CyberSpartacus]

Here is a ruling that would stop this nonsense. Give the Indians the land. Then charge them for the leasehold improvements, which would be so high that they would NEVER EVER make a profit on their casino. See how much they want the land after that.

[Behind Liberal Lines]

Here is a ruling that would stop this nonsense. Give the Indians the land. Then charge them for the leasehold improvements, which would be so high that they would NEVER EVER make a profit on their casino. See how much they want the land after that.

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.