CITY OF SALAMANCA v. COUNTY OF CATTARAUGUS


245 A.D.2d 1058 (1997)

667 N.Y.S.2d 520

City of Salamanca et al., Respondents, v. County of Cattaraugus, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 31, 1997


Judgment unanimously reversed on the law without costs, motion denied and judgment granted in favor of defendant.

Memorandum:

Supreme Court erred in granting the motion of plaintiffs for summary judgment declaring that, since February 19, 1991, Indian Law § 71 does not authorize defendant, County of Cattaraugus (County), to tax leaseholds on the Allegany Reservation of the Seneca Nation of Indians (Allegany Reservation) because the authority to tax conferred...

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