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High Court will not hear Seneca/Cayuga case

The U.S. Supreme Court rejected a request by Seneca and Cayuga counties to hear a case involving a tax dispute with the Cayuga Indian Nation of New York.

The Court denied a writ of certiorari without comment, but other than to mention newly seated Justice Elena Kagan, who is from New York, took no part in the matter.

The two counties sought a review of a 4-3 decision of the state Court of Appeals which ruled in May that the two counties cannot prosecute the Cayugas for possessing and selling untaxed cigarettes.

Law enforcement personnel in both counties raided gas station/convenience stores, one in each county, owned by the tribe, in November 2008 and confiscated thousands of untaxed cartons of cigarettes.