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Post by Swimmy on Jan 1, 2011 8:13:05 GMT -5
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Post by corner on Jan 1, 2011 12:22:26 GMT -5
the suprem court will ultimately rule in favor of the oneidas
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Post by Swimmy on Jan 11, 2011 8:38:40 GMT -5
It is a shame that dirty d allows such poor reporting. Originally posted as Supreme Court dismisses Lawsuit against Oneidas, Miner finally re-titled it to "Supreme Court sends Oneidas foreclosure case back to lower court." The re-title is more accurate of what the Supreme Court actually did. Dan's most fatal mistake is not reading the decision and seeking a legal expert's opinion (I do not think I am such an expert). What the Supreme Court did do, however, was vacate a previous judgment barring Oneida and Madison counties from foreclosing on Oneida land. That means the 2nd U.S. District Court of Appeals will hear the case once again – but without the argument of sovereign immunity.
WRONG!!!!! We vacate the judgment and remand the case to the United States Court of Appeals for the Second Circuit. That court should address, in the first instance, whether to revisit its ruling on sovereign immunity in light of this new factual development, and — if necessary — proceed to address other questions in the case consistent with its sovereign immunity ruling. The Supreme Court directed the Second Circuit to first consider whether its decision on the Oneida Indian Nation's immunity changes in light of this new development. And to address the other questions raised by the counties, if necessary within the confines of the Second Circuit's sovereign immunity ruling. Unless Dan has a different copy than is published and accessible to the public, the Court did not order the lower court to ignore the lower court's decision about the Oneidas' immunity, rather to determine if the lower court needs to re-evaluate the situation. Therefore, should the Second Circuit determine that it is not necessary to revisit its ruling on the Oneidas' immunity, then the case is over. By the way, "We conclude that the OIN is immune from the Counties' foreclosure actions under the principle that " s a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity." Kiowa Tribe of Okla. v. Mfg. Techs., Inc., 523 U.S. 751, 754 (1998). City of Sherrill, N.Y. v. Oneida Indian Nation of N.Y., 544 U.S. 197 (2005) is not to the contrary." OIN v Madison and Oneida Counties, Docket No. 05-6408-cv (L) [April 27, 2010].
Miner goes on to then report further that the directed the Oneidas to pay the counties' attorney fees.
It also ordered the Oneidas to pay the counties’ attorney fees.
WRONG!!!
Petitioners are awarded costs in this Court pursuant to this Court’s Rule 43.2. The rule. This is America, not England. Attorney's fees are not paid by the opposing party unless allowed by statute or as a sanction against frivolous action. Neither of those applies here. Costs refers to filing fees, transcription fees, etc. From Black's Law Dictionary, "Costs do not include the compensation of an attorney. Expenditures in terms of the adversary nature of the proceedings, however, are included (e.g. witness fees, hiring of an expert). Only when specifically authorized by law may attorney's fees be awarded in addition to costs (parenthetical added for demonstrative purposes only)." That is NOT the case here. Only the counties' costs, NOT attorney's fees were awarded to the counties Attachments:
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Post by Deleted on Jan 11, 2011 20:04:17 GMT -5
Ya can't blame the OD it is a dying newspaper.
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Post by Swimmy on Jan 11, 2011 20:35:08 GMT -5
Sure I can! Dying newspaper or not, they still have an obligation to report the facts, not make shit up to suit dirty donna's friends and family plan.
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Post by stoney on Jan 15, 2011 10:02:01 GMT -5
I'm with Corner. The Oneidas will win every time; local communities should stop wasting their money on this.
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Post by corner on Jan 15, 2011 14:56:31 GMT -5
hey why screw with the largest employer in the county, townsend ,hennesey and tenney are a bunch of fools and as long as they dont have to put up their own money they will keep the fire burning..
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Post by stoney on Jan 15, 2011 15:40:11 GMT -5
Corner, you're pretty smart about a lot of this stuff. Have you ever had any desire to run for office??
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Post by Clipper on Jan 15, 2011 17:03:23 GMT -5
Hey, we tried unsuccessfully to get Frankcor to run for president, maybe Corner will run against Obama in 2012, or at least for Mayor in the next local elections. Then when I come to town, I will just have to stop by City Hall and Corner can make us a sangwich in that new and remodeled kitchen that Roefaro spent your money fixing up, adjacent to his office.
I love Cappicola and provalone Corner with a little mayo. Possibly a little lettuce on a sub roll. You know, kinda like one of those $5 foot longs, but with an Italian twist. O'Scuinnizo's makes a hell of a cappy sub. Make it like they do, LOL.
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Post by corner on Jan 15, 2011 17:34:13 GMT -5
Corner, you're pretty smart about a lot of this stuff. Have you ever had any desire to run for office?? yep i am smart thats why i dont run for office! but i am qualified to be police commissioner or even chief.
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Post by bobbbiez on Jan 15, 2011 19:44:54 GMT -5
Corner, you're pretty smart about a lot of this stuff. Have you ever had any desire to run for office?? yep i am smart thats why i dont run for office! but i am qualified to be police commissioner or even chief. But then we wouldn't have any criminals to prosecute with you in office. They wouldn't make it to the court room. ;D
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Post by corner on Jan 16, 2011 8:02:20 GMT -5
probably not heh heh heh!
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Post by bobbbiez on Jan 16, 2011 12:49:52 GMT -5
..............but I didn't say I'm not with you. ;D
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Post by stoney on Jan 16, 2011 13:03:32 GMT -5
I hear ya', Corner. You have more knowledge in one pinky than some of these wanna-bes have in their whole selves.
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Post by Clipper on Jan 16, 2011 13:54:13 GMT -5
What is Townsend doing since he lost the Sheriff's race? Maybe Halbritter will hire him to valet park cars or sling hash in the buffet on Sunday mornings. I never had much respect for that guy. I guess I never had much respect for anyone that wanted to diss the greatest thing that has happened to the area employment wise, since Griffiss AFB and the prisons.
Whether you are a resident in Verona, and your taxes went up or not, they will go higher if the county insists on pursuing their legal battles that are lost before they start. I would like to have a penny of every dollar of tax money that has been spent, fighting the losing battle.
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