Attorney General Mike Hunter is trying to join a Wagoner County lawsuit involving a power plant protesting their property taxes, in part due to a recent U.S. Supreme Court ruling on tribal sovereignty.
In a motion filed in the Wagoner District Court on Friday, Hunter attempts to intervene in a lawsuit filed last August by Oneta Power, LLC.
“The attorney general’s interest is in defending the authority of the state and its localities to tax certain properties within the boundaries of the Creek Reservation,” said the Hunter’s Office file.
Oneta Power criticizes the 2020 personal property tax assessment imposed by Sandy Hodges, assessor for Wagoner County, and the ability of state and local governments to tax the company at all based on a Supreme Court ruling in McGirt v Oklahoma.
The company operates a power plant at 25142 E. 105th Street South in Broken Arrow.
A July Supreme Court ruling upheld an appeals court ruling that the state of Oklahoma had no jurisdiction to bring tribesmen to justice for serious crimes when they perform within the historic limits of the Muscogee (Creek) Nation reservation .
The ruling has resulted in dozens, if not hundreds, of crimes being dismissed and subsequently tried again in federal or tribal courts.
Oneta Power’s request for a declaratory judgment on whether the Wagoner County’s government has the right to levy taxes because the facility is on the Muscogee (Creek) Nation reservation would extend McGirt’s decision to civil tax matters if successful .
Hunter’s office claims it should be allowed to join the lawsuit against Oneta because the county assessor has different interests than the state.
“The state is facing the loss of its sovereign power over all taxes against (Oneta)”, it says in the file. “In contrast, the defense of state power by the Wagoner County Assessor is only a derivation of her interests in the enforcement of certain taxes.”
The attorney general’s office also has more expertise in defending the extent of state power over Indian reservations, according to the filing.
Hodges said in an interview in March that the McGirt ruling does not apply to civil matters like taxes.
A Hunter spokesman said Wednesday that the attorney general would work with Wagoner County officials in defending the lawsuit, rather than taking full control of the litigation.
“The attorney general’s position in this case is that McGirt does not affect property taxes,” wrote spokesman Alex Gerszewski in an email to the world ahead of the McGirt ruling. “
Oneta Power has previously stated through its attorneys that it does not comment on any pending lawsuits.
McGirt v Oklahoma: Supreme Court Ruling and Consequences
April 15, 2021: The appeals court rejects claims by two people who could not prove their origin
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April 14, 2021: Chickasaws question Governor Stitt’s rhetoric about McGirt’s impact
Governor Kevin Stitt is “openly using political rhetoric” to exaggerate some of the problems that arise when the criminal justice system in eastern Oklahoma is reshaped following the momentous US Supreme Court ruling last year. says the Chickasaw Nation.
“While differences in historical decisions are to be expected, the Oklahoma governor has sensationalized and exaggerated reports of transition issues. These actions have heightened political concerns about the process and undermined trust in the law,” the tribe told the appeals court of Oklahoma on a legal mandate.
April 9, 2021: Four life sentences in state prison to receive new trial
Four other inmates who live in state prisons for murder will see their cases retried in federal court due to the US Supreme Court McGirt ruling affecting tribal courts.
Dallas Gene Hastings, Justin Dale Little (pictured in center), Steve Wayne Lockler Jr., and Gary Dewayne Boggs are the youngest state inmates to be indicted in federal court in Tulsa.
April 1, 2021: The appeals court expands McGirt’s ruling
Oklahoma Court of Appeals lifted the convictions and sentences for eight inmates based on tribal justice issues, including two cases where previous decisions were extended to Choctaw and Seminole Nation’s reservations.
All eight decisions come from the McGirt ruling of the US Supreme Court in July that the Muscogee (Creek) Nation was never overridden by Congress under federal criminal law, so that the state of Oklahoma has no authority to review cases in which an Indian is involved and the crime occurred within the historical confines of the tribe.
March 31, 2021: “Break” in criminal system caused by decision, says Tulsa County DA
The Supreme Court ruling confirming tribal jurisdiction within the Muscogee (Creek) Reservation is a concern for the Tulsa District Attorney’s Office.
District Attorney Steve Kunzweiler hosted a town hall to discuss the decision and what he said is a “break” in the way criminal cases are investigated and prosecuted.
He urged the public to speak to their political leaders to find a solution, to “close” the gap and ensure that victims continue to experience justice.
March 18, 2021: The manslaughter conviction of a former Tulsa police officer is overturned
Oklahoma Court of Appeals a manslaughter conviction and a 15-year prison sentence overturned handed over to a former Tulsa police officer clearing the way for his eventual release while facing similar charges in federal court.
The appeals court found that a landmark ruling by the US Supreme Court last summer in McGirt v Oklahoma invalidated Shannon Kepler’s manslaughter conviction and ruling because the state had no jurisdiction to prosecute.
March 14, 2021: Broken Arrow Power Plant claims the county does not have the authority to collect property taxes
An unparalleled tax protest is taking place in Wagoner County which, if successful, could affect some public schools and other government agencies that rely on property taxes for much of their funding.
Oneta Power LLC, which owns a power plant at 25142 E. 105th St. in Broken Arrow, calls for an increase in the valuation of personal wealth tax Based in part on claims it owes no property tax to the county, citing a 2020 US Supreme Court ruling dealing with tribal courts.
Mar 11, 2021: Court ruling means hundreds of state criminal cases will be moved to tribal or federal courts
Citing a landmark ruling by the US Supreme Court in McGirt v Oklahoma last year, found the Oklahoma Court of Criminal Appeals that the nations of Chickasaw and Cherokee were never officially overridden by Congress.
While not unexpected, the rulings mean hundreds of state trials will have to be moved to either federal or tribal courts.
March 11, 2021: Cherokees add a bigger role to the criminal justice system
With a decision soon to confirm broader jurisdiction for Cherokee Nation courts, The tribe has already started a massive expansion of its criminal justice systemSaid Chef Chuck Hoskin Jr. of Tulsa World.
The tribe will need $ 35 million a year to fund more courtrooms, more prosecutors, more law enforcement officers and even more detention rooms, the chief said.
April 6, 2021: Cherokee AG says some cases that have been dismissed by judgment cannot be rerun
Cherokee Nation Attorney General Sara Hill said the tribe worked hard to dismiss cases that were dismissed in a state court based on the decision of the Supreme Court of McGirt, calling on Congress to pass laws to resolve problems caused by the landmark ruling.
Hill said during a virtual press conference that the tribe had filed 440 criminal cases in a tribal court over the past few weeks to capture as many cases as possible before state courts release individuals from state jail sentences or pending state charges.