Another tribe in New York has lost its land claims case.
The Onondaga Nation filed a lawsuit in 2005 that laid claim to about 4,000 square miles, including the entire city of Syracuse.
But a federal judge dismissed the case on Wednesday, citing recent decisions by the 2nd Circuit Court of
Appeals involving other New York tribes.
"This is not the end at all," Onondaga Nation attorney Joe Heath told The Syracuse Post-Standard.
In 2005, the 2nd Circuit altered the legal landscape and said land claims can be dismissed because tribes have waited too long to file suits. The court also said land claims can be dismissed due to their "disruptive" nature on local governments and non-Indian landowners.
The ruling has been used against the Cayuga Nation, the Seneca-Cayuga Tribe and, more recently, the Oneida Nation.
The Oneida Nation plans to pursue the appeals process, most likely to the U.S. Supreme Court.
Get the Story:
Judge throws out Onondaga Nation's land-claim lawsuit (The Syracuse Post-Standard 9/23)
NOON to hold vigil to support Onondagas
(The Syracuse Post-Standard 9/23)
2nd Circuit Decision:
Oneida
Nation v. Oneida County/Madison County (August 9, 2010)
Sherrill v. Oneida Nation Decision:
Syllabus
| Opinion
[Ginsburg] | Concurrence
[Souter] | Dissent
[Stevens]
Cayuga Land Claim Decision:
Cayuga
Nation v. New York (June 28, 2005)
Related Stories:
Oneida Nation 'of course' plans to appeal decision on land claim
(8/11)
Turtle Talk: Oneida
Nation ruling kills Eastern tribal land claims (8/10)
New York counties celebrate ruling in Oneida Nation
land claim (8/10)
2nd Circuit rules
against Oneida Nation in long running land case (8/9)
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