Cayuga Nation’s Position on Sovereignty Vindicated in Federal Court

Federal Court Time Wasted by Citizens Who Haven’t Paid Rent in Nearly a Decade

The Cayuga Nation has peacefully regained possession of two Nation owned houses in the Town of Seneca Falls. This peaceful process resulted from years’ long litigation with two Nation citizens who stopped paying their rent over 12 years ago. The Nation citizens received full due process throughout proceedings in the Nation’s court, with multiple hearings at which they had the opportunity to present their positions.

Rather than abide by the Nation court’s eviction orders, issued in May 2024, the occupants improperly sought review by Judge Porsch of the New York State Supreme Court, Seneca County. In an extraordinary violation of the Nation’s sovereignty, and without providing the Nation an opportunity for argument in advance, State court Judge Porsch issued a restraining order purporting to restrain the Nation from enforcing its court’s eviction orders.

The Nation has sovereign immunity from any action against it by New York State Court. As a result, the Nation was forced to proceed to Federal Court in the Western District of New York to seek an order preventing State court Judge Porsch from interfering with the Nation’s court.

On November 7, 2024, after hearing oral arguments on the matter, Justice Wolford commented on Justice Porch’s decision to issue the TRO: “I would encourage you all to go back to Justice Porsch and …get a copy of the transcript, and you can tell him what my view is of what he did here, and that it is procedurally unorthodox, and that is saying it nicely.”

Judge Porsch, on November 20, 2024, after providing the Nation and the individuals facing eviction an opportunity to make arguments, vacated his prior restraining order and denied the individuals a further injunction.

Following the Court’s ruling vacating the TRO, Cayuga Nation Federally Recognized Representative Clint Halftown stated, “The Nation is disappointed with the volume of litigation required to get to the correct result, but at least the state court’s most recent orders properly recognize the sovereignty of the Nation and its inherent right to self-governance.” Representative Halftown went on to explain: “The Nation remains dedicated to protecting its citizens while preserving its sovereignty and 64,015-acre Reservation for future generations.”

Several days after Judge Porsch’s rulings, the individuals vacated the properties and turned them back to the Nation. Upon inspection by Nation officials, both homes were found in states of complete disrepair and shocking filth, leaving the Nation to give serious consideration to the demolition of both.

Representative Halftown remarked: “It is sad that two houses were left in such terrible conditions. They are for the benefit of Nation citizens, who pay income adjusted rent amounts. Unfortunately, these two individuals refused to pay even income adjusted reduced rent amounts and they destroyed properties that would have been available to other Nation citizens.” Halftown went on to confirm “the Nation will continue its efforts to retake properties where squatters fail to pay rent or take care of the houses.”