High court dismisses Oneida foreclosure case

Washington (AP) January 2011
The U.S. Supreme Court has dismissed a case involving two New York counties that are trying to foreclose on land owned by the Oneida Indian Nation to settle a property tax dispute.

The court agreed in October to hear the case. It centers on the issue of whether tribal immunity from lawsuits prevents Madison and Oneida counties from foreclosing on tribal land.

The justices said in an unsigned opinion Monday that the Oneidas have agreed since to waive their immunity. They said that eliminates the high court’s role in the case.

The court instructed the 2nd U.S. Circuit Court of Appeals to consider other issues raised in the dispute.

The case involves about 17,000 acres. The federal government has agreed to put most of the land into trust.