Upstate Citizens for Equality, Inc.


|Home|Contact Us|Links|

Upstate Citizens for Equality

UCE, et al v. United States of America, et al

UCE has filed its action challenging, among other things, the authority of the U.S. Department of the Interior to take any land into trust for the Oneida Indian Nation of New York. It has been assigned Case #08-CV-00633 and is currently assigned to SUSDJ McCurn.

The nature of UCE's claims against the Defendants in this action, as more fully appears in the Complaint, that:

(a)    The Defendants are acting, have acted and will continue to act:

                                                               i.      in excess of statutory jurisdiction, authority, or limitations, or short of statutory right in taking any land identified in the Defendants' notice of intent into trust under the Indian Reorganization Act of 1934;

                                                             ii.      contrary to constitutional right, power, privilege, or immunity in taking any land in the State of New York into trust under the Indian Reorganization Act of 1934;

                                                            iii.      Acted in an arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law in rendering its determination dated May 20, 2008, to take land into trust under the Indian Reorganization Act of 1934;

                                                           iv.      without observance of procedure required by law in rendering its determination dated May 20, 2008 to take land into trust under the Indian Reorganization Act of 1934.

(b)   The Defendants determination that the 1993 tribal-state compact between the State of New York and the Oneida Indian Nation of New York remains in effect under the Indian Gaming Regulatory Act dated June 13, 2007, and the NIGC's approval of the Oneida Indian Nation's Gaming Ordinance dated January 3, 1994 is:

                                                               i.      contrary to constitutional right, power, privilege, or immunity;

                                                             ii.      in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;

                                                            iii.      arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

                                                           iv.      without observance of procedure required by law.

(c)    Defendants have failed to adhere to and/or promulgate their own regulations and policies, make regular inspections, or take vigorous inspections in order to carry out their enforcement duties under the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701, et seq.) and a writ of mandamus should issue directing them to carry out these duties.

(d)   Defendants' determination and actions in taking approximately 18 acres of the former Verona Research Facility in Verona, New York into trust for the Oneida Indian Nation of New York (hereinafter "18 Acres") is

                                                               i.      contrary to constitutional right, power, privilege, or immunity;

                                                             ii.      in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;

                                                            iii.      arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

                                                           iv.      without observance of procedure required by law.

Others have also filed lawsuits challenging this decision of the federal government:

Click here to view the complaint of the TOWN OF VERONA, TOWN OF VERNON, ABRAHAM ACEE and ARTHUR STRIFE challenging the DOI's determination to land into trust for the Oneida Indian Nation of New York

Click here to view the complaint of the STATE OF NEW YORK; DAVID A. PATERSON, in his capacity as Governor of the State of New York; ANDREW M. CUOMO, in his capacity as Attorney General of the State of New York; MADISON COUNTY, NEW YORK; and ONEIDA COUNTY, NEW YORK, challenging the DOI's determination to land into trust for the Oneida Indian Nation of New York

Click here to view National Grid's complaint challenging the DOI's determination to land into trust for the Oneida Indian Nation of New York

Click here to view the Stockbridge-Munsee's complaint challenging the DOI's determination to land into trust for the Oneida Indian Nation of New York

Click here to view the CENTRAL NEW YORK FAIR BUSINESS ASSOCIATION, CITIZENS EQUAL RIGHTS ALLIANCE, DAVID R. TOWNSEND, New York State Assemblyman, MICHAEL J. HENNESSY, Oneida County Legislator, D. CHAD DAVIS, Oneida County Legislator, and MELVIN L. PHILLIPS complaint challenging the DOI's determination to land into trust for the Oneida Indian Nation of New York

On January 5, 2009, the United States District Court for the District of Columbia granted the motion of the United States to transfer the case filed by the Stockbridge Munsee to the United States District Court for the Northern District of New York. Click here to read the decision



Below are the Pleadings and documents in this action.




Below are the documents relating to the Defendants actions in taking 18 acres of the former United States Air Force Space Command Complex at the Verona Research Facility, Germany Road, Verona, New York, into trust for the Oneida Indian Nation of New York.



Travel The Web
With Our Friends

Navigation

Items and Press Releases!


Websites of Interest

DYING IN INDIAN COUNTRY - The Roland Morris Story

CITIZENS AGAINST CASINO GAMBLING IN ERIE COUNTY

ONE NATION UNITED

Take Back New York

NO SAUGERTIES CASINO!


ICRA
© Copyright 2003 Upstate Citizens for Equality, Inc., All rights reserved.Privacy Policy