Story Created:
Jun 17, 2008 at 5:43 PM EDT
Story Updated:
Jun 17, 2008 at 6:42 PM EDT
VERNON - The Upstate Citizens for Equality have officially filed a lawsuit against the U.S. Department of the Interior.
The group is is suing to reverse the U.S. Department of the Interior's decision to place more than 13,000 acres of land into federal trust.
Members of the upstate citizens for equality say they are basing their lawsuit solely on the principals of the constitution. They say the federal government has no right to be involved in this New York State matter.
Tony Burnett is just one of between seven and eight thousand people, part of the Upstate Citizens for Equality across New York State. He says the group is hoping to continue their luck with lawsuits. Burnett says the group was a major factor in the 2003 Sherrill case, where the Supreme Court ruled in favor of the the city of Sherrill, that said the lands re-acquired by the indian nation were in fact subject to local taxes.
Burnett says the judicial system did its job then, and if they abide by the law, there should be another favorable ruling for him and the U.C.E. "They have got to go according to the constitution. If they disagree with it it can be changed, but they just can't violate it and thats what their doing their violating the constitution," says Burnett.
The lawsuit filed by the U.C.E. comes just two days before the deadline to do so, and two days before Oneida and Madison counties are expected to file their joint suit with the State of New York.
Oneida County Executive Anthony Picente said that the State of New York reimburses the county for legal fees in this matter.
According to Burnett, the U.C.E. has set aside $20,000 for their fees, but he thinks his group could also get reimbursed for their attorney fees. Oneida Nation officials said today that they did not have any comment on the U.C.E.'s lawsuit filing.
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