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Court orders Cayuga County to return cigarettes to Cayuga Nation

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Cayuga County Court Judge Mark H. Fandrich this morning ordered District Attorney Jon Budelmann to dismiss tax-evasion indictments against the Cayuga Indian Nation and to return more than 7,600 cartons of cigarettes and business records that were seized in December 2008 from the Nation’s Lakeside Trading store in Union Springs. Fandrich’s decision follows a similar ruling made by the...

cigarette.jpgCigarettes returned to the Cayuga Nation by Seneca County. Soon Cayuga County will have to return cigarettes it confiscated from the nation.

Cayuga County Court Judge Mark H. Fandrich this morning ordered District Attorney Jon Budelmann to dismiss tax-evasion indictments against the Cayuga Indian Nation and to return more than 7,600 cartons of cigarettes and business records that were seized in December 2008 from the Nation’s Lakeside Trading store in Union Springs.

Fandrich’s decision follows a similar ruling made by the state Court of Appeals in May.

“It’s not up to me to determine if the Court of Appeals is wrong ... I don’t have that authority,” Fandrich said.

Budelmann said he is disappointed and criticized the rulings that have gone against the county.

“All the courts are saying, ‘We’re not going to follow the law. We’re going to make up new laws,’” he said after the hearing.


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