A US district court judge has dismissed a lawsuit claiming the Department of Interior's land in trust ruling for the Oneida Indian Nation was unconstitutional.
Not only did Judge Lawrence Kahn dismiss the claim pertaining to the 13,000 acres placed into trust, but also rejected the claim that gaming at the Turning Stone was being conducted illegally on non-indian land. And, Kahn reaffirmed that the Nation's 300,000 acre reservation was never dis-established.
Nation officials say this 'guts' the challenges brought by Assemblyman David Townsend, Oneida County Legislator Michael Hennessy, the Citizen's Equal Rights Alliance and the Central New York Fair Business Association.
"Although the preferred outcome was a negotiated resolution, Oneida County's legislature became convinced it could fare better in the litigation," said Mark Emergy, director of media relations for the Oneida Nation. "In the absense of a resolution, the Nation obviously is very pleased with this ruling, as it moves the trust land challenges significantly closer to closure."
Hennessy, Townsend Hope For Supreme Court Hearing
This is only a partial ruling and will be appealed, said Hennessy. He adds, the plantiffs have known this is something that would end up in Supreme Court. Townsend echoed the same feelings in a statement saying "this case ought to be given a full hearing by the U.S. Supreme Court.
“Clearly, an issue of this magnitude and potential economic impact to the families, businesses, and taxpayers of Central New York, as well as the people of the Oneida Nation reservation, should be allowed its day before the High Court. Had the March 1 decision gone the other way I am certain the Oneida leadership would now be exploring options similar to those of the Fair Business Association and its supporters.”