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CAYUGA INDIAN NATION OF NEW YORK v. SENECA COUNTY

No. 19-0032 August Term, 2019.

978 F.3d 829 (2020)

CAYUGA INDIAN NATION OF NEW YORK, Plaintiff-Counter-Defendant-Appellee, v. SENECA COUNTY, NEW YORK, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 23, 2020.

Attorney(s) appearing for the Case

David W. DeBruin ( Zachary C. Schauf , Caroline C. Cease , on the brief), Jenner & Block LLP, Washington, DC; Daniel J. French , Lee Alcott (on the brief), Barclay Damon, LLP, Syracuse, NY, for Plaintiff-Counter-Defendant-Appellee Cayuga Indian Nation of New York.

Louis P. DiLorenzo ( Brian Laudadio , Mary P. Moore , on the brief), Bond, Schoeneck & King, PLLC, New York & Rochester, NY, for Defendant-Counter-Claimant-Appellant Seneca County, New York.

Before: Kearse, Calabresi, and Carney, Circuit Judges.

This appeal poses the question whether a federally recognized Indian tribe's sovereign immunity from suit prevents a county in New York State from foreclosing on tribal properties within the county's borders for the nonpayment of real estate taxes.

In 2007, the Cayuga Indian Nation of New York (the "Cayuga Nation,...

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