Oneida Indian Nation of NY v. State of NY
| Citation | 520 F. Supp. 1278 |
| Decision Date | 10 September 1981 |
| Docket Number | 79-CV-798.,No. 78-CV-104,78-CV-104 |
| Parties | The ONEIDA INDIAN NATION OF NEW YORK; Robert W. Burr, Jr., Individually and as President of the Oneida Indian Nation of New York; John Logan, Individually and as Vice-President of the Oneida Indian Nation of New York; Winnifred Jacobs, Individually and as Treasurer of the Oneida Indian Nation of New York; Geralda Thompson, Individually and as Clerk of the Oneida Indian Nation of New York; Tamara Rodgers, Individually and as Recording Secretary of the Oneida Indian Nation of New York; Janice Luongo, Individually and as Corresponding Secretary of the Oneida Indian Nation of New York; Richard Isaac, Individually and as Sergeant at Arms of the Oneida Indian Nation of New York; Rae Ellen Bandera; Priscilla R. Burnette; Ralph Burr; Ruth Burr; Patrice Cook; Renie Cooke; Muriel Cornelius; Thelma Cornelius; Cynthia Denise; Benjamin Doxtator; Cecelia E. Drew; Lena Fougnier; William C. Fougnier; Anderine Gant; Abbie George; Earl George; Keller George; Marilyn George; Barry Greene; Irene Greene; Vicke Greene; Wally Greene, Jr.; James W. Hill; Leon John Hill; Cliff Isaacs; Ernie Jacobs; Lori Jacobs; Sheila Jacobs; Arthur Jones, Sr.; Elizabeth Jones; Emily Jones; Jack K. Jones; Lenora Jones; Lorna Jones; Merna Jones; Rhonda Jones; David Kilbourn; Frank Kilbourn; John E. Kilbourn; Bonnie Kristianovich; Daisy Laforte; Barbara Lafrance; Edna Leonard; Kevin Leonard; Sally Marquez; Kathy Overton; Alda Pierce; Gilbert Powless; Shirley Powless; Roberta Rice; Edward Rodgers; Iva Rodgers; Wanda Rommevaux; Lavina Schenadoah; Mary L. Sequin; Mary M. Sequin; Judith Square; Roy Smith; Neil S. Thomas; Jacob Thompson; Vernon Thompson; Florence Warren; Delia Waterman; Charles Webster; Erwin Webster; John Webster; Roberta Webster; Roxanne Webster and Glen Wheelock, Plaintiffs, v. The STATE OF NEW YORK, et al., Defendants. The ONEIDA INDIAN NATION OF WISCONSIN, also known as the Oneida Tribe of Indians of Wisconsin, Inc., and the Oneida of the Thames Band, Plaintiffs, v. The STATE OF NEW YORK; the County of Broome, New York; the County of Chenango, New York; the County of Cortland, New York; the County of Delaware, New York; the County of Herkimer, New York; the County of Jefferson, New York; the County of Lewis, New York; the County of Madison, New York; the County of Oneida, New York; the County of Onondaga, New York; the County of St. Lawrence, New York; the County of Tioga, New York; Valentine Ryan; St. Regis Paper Company and Georgia-Pacific Corp., Individually and as representatives of all others similarly situated, Defendants, and New York State Electric and Gas Corporation, Individually, Defendant-Intervenor. |
| Court | United States District Courts. 2nd Circuit. United States District Court of Northern District of New York |
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Arlinda Locklear, L. A. Ashenbrenner, Native American Rights Fund, Washington, D. C., for plaintiffs Oneida Indian Nation of Wis. and Oneida of the Thames Band; Francis Skenandore, Tribal Atty. for the Oneida Indian Nation of Wis., Oneida, Wis., of counsel.
Bertram E. Hirsch, Bellerose, N. Y., for plaintiffs Oneida Indian Nation of New York, et al.
Robert Abrams, New York State Atty. Gen., Albany, N. Y., for State of New York and defendants State Agencies and Officials; Jeremiah Jochnowitz, Asst. Atty. Gen., Albany, of counsel.
Goodwin, Proctor & Hoar, Boston, Mass., for defendant Counties and defendant Ryan, individually and as class representatives; Alan van Gestel, Boston, Mass., of counsel.
Hiscock, Lee, Rogers, Henley & Barclay, Syracuse, N. Y., for defendants St. Regis Paper Co., individually and as class representative and Georgia-Pacific Corp., as class representative; Richard D. Davidson, Syracuse, N. Y., of counsel.
Shearman & Sterling, New York City, for defendant Georgia-Pacific Corp., individually; Arnold Bauman, Thomas M. Geisler, Jr., New York City, of counsel.
Huber, Magill, Lawrence & Farrell, New York City, for defendant-intervenor New York State Elec. & Gas Co.; Howard M. Schmertz, Frederic H. Lawrence, New York City, of counsel.
Robert T. Coulter, Washington, D. C., for the Six Nations and its constituent Nations, amicus curiae.
During the past decade, Indian tribes have brought numerous lawsuits asserting claims to large tracts of land in the Northeast United States.1 The actions have thus far involved challenges to the validity of treaties for the purchase of these lands entered into between the States and the Indian tribes subsequent to the adoption of the United States Constitution and after the enactment of the Nonintercourse Act in 1790, 25 U.S.C. § 177. In each instance the suits have been based upon a claim that the treaties were entered into in violation of the Nonintercourse Act which allegedly placed federal restrictions on the alienation of Indian lands.2
The actions now before the Court represent a departure from the established pattern. For the first time in Indian land claim litigation, a challenge is being waged to the validity of treaties involving land which were entered into prior to the adoption of the United States Constitution and during the period in American history when the Articles of Confederation were in effect. The treaties in issue were entered into between the State of New York and the Oneida Indian Nation in 1785 and 1788. Based upon a claim of aboriginal title, allegedly confirmed and guaranteed by federal treaties, plaintiffs seek a declaration of their right to possession of over five million acres of land located in central New York State and depicted on a map filed with the complaints as a swath of land fifty to sixty miles in width extending from the Pennsylvania border to the Canadian border and encompassing portions of thirteen counties. Plaintiffs also request relief restoring them to possession of their aboriginal territory and awarding them damages for the entire period of their dispossession.
These lawsuits are presently before the Court for decision on the defendants' motions to dismiss and for determination of a motion to intervene made on behalf of the Six Nations of the Iroquois Confederacy.3
Plaintiff Oneida Indian Nation of Wisconsin is described in the complaint as an "Indian nation or tribe recognized by the United States with its reservation and principal situs in the State of Wisconsin." Plaintiff Oneida of the Thames is described as an "Indian nation or tribe recognized by Canada with its reserve and principal situs in Southwold, Canada." Both plaintiffs allege that they, along with the Oneida Indian Nation of New York, are the direct successors in interest to the Oneida Indian Nation which occupied the lands claimed in the action since time immemorial.
The action was commenced on December 5, 1979, by the filing of a complaint naming one-hundred and fifty-two defendants, individually and as representatives of a proposed class of defendants. Included among the named defendants were the State of New York and several of its administrative agencies and officials, counties and municipalities located in the claims area, businesses, and numerous individual land owners in the area involved.
By Memorandum-Decision and Order of March 4, 1980, as amended, 85 F.R.D. 701 (N.D.N.Y.1980) (reported without amendments), this Court certified a defendant class consisting of all persons who claim an interest in any portion of the subject land as described in the plaintiffs' complaint, with the exception of individual Oneida Indians and persons who occupy the land as a principal place of residence to the extent of the residence and up to two surrounding acres.4 The defendant class consists of approximately 60,000 individuals, businesses and governmental entities and officials. Certain of the defendants were designated by the Court to serve as representatives of the class, and the action was dismissed as to the remaining named defendants who then became members of the class. The Court directed that notice be sent to the members of the defendant class advising the members of the lawsuit and giving them an opportunity to object to certification or otherwise appear or seek to intervene in the action.5
This action, challenging the same transactions as 79-CV-798, was initially commenced by the Oneida Nation of New York and several of its members on March 3, 1978, prior to the commencement of 79-CV-798.6 Plaintiffs allege that the Oneida Nation of New York is an Indian nation or tribe recognized by the United States government. With respect to the individual plaintiffs, the complaint asserts that "these individuals and other members of the Oneida Indian Nation of New York are the direct matrilineal descendants of the aboriginal Oneida Indian Nation which since time immemorial owned and occupied approximately 6,000,000 acres of land in central New York State."
Also proposed as a defendant class action, this lawsuit was brought against the State of New York, the New York State Thruway and certain State officials, individually and on behalf of a class of all similarly situated officials of New York State, its agencies, commissions, boards, departments and authorities.
The State of New York responded to the complaint by the filing of a motion to dismiss. However, prior to argument on that motion, 79-CV-798 was commenced, and the plaintiffs in 78-CV-104 chose to amend their complaint to conform substantially to that in the more recently filed action.7 In their amended complaint, the plaintiffs also added considerably to the list of named defendants, including various State commissioners and authorities, and the counties in the claims area. There are, however, still no nongovernmental defendants in the action. No motion has as yet been made for certification of the proposed defendant class in this action.
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Table of Cases
...Oneida, Cty. of, v. Oneida Indian Nation, 470 U.S. 226, 105 S.Ct. 1245, 84 L.Ed.2d 169 (1985), 902 Oneida Indian Nation v. New York, 520 F.Supp. 1278 (N.D. N.Y. 1981), aff'd in part, rev'd in part, 691 F.2d 1070 (2d Cir. 1982), remanded, 649 F. Supp. 420 (N.D. N.Y. 1986), aff'd, 860 F.2d 11......