Here are some updated materials in United States v. Gray (N.D. N.Y.):
DCT Order Denying Motion to Dismiss
USA Response re Jock and Square
The post with the indictment is here. The search warrant from last December is here: Search Warrant
Here are some updated materials in United States v. Gray (N.D. N.Y.):
DCT Order Denying Motion to Dismiss
USA Response re Jock and Square
The post with the indictment is here. The search warrant from last December is here: Search Warrant
Both the United States and the Mohawk plaintiffs make these arguments in briefs filed last Friday, November 16. The United States stating, “In other New York land claims…dismissed by the Second Circuit, it was inarguable that the lands at issue had become heavily populated and developed by non-Indians in the years since New York unlawfully acquired the lands….That is not true here….the Mohawks… never departed the region and have remained a powerful enduring presence both as a government and as a population in the region and within the specific claim areas.”
As for the claim to the islands, the United States and the Mohawks have presented a unique argument that has never been considered in any other land claim because of the particular facts of the case. “The Department of Justice Attorneys and the Department of Interior met with tribal leadership recently and listened to our concerns. They responded with the filing of a strong brief that supports the Tribe’s efforts and their own interests, as owners of the underlying title to some of the islands that make up the Power Project.” said Chief Randy Hart.
Previous coverage here.
Here are the materials in St. Regis Mohawk Tribe v. State of New York (N.D. N.Y.):
9-28-12 Mohawk land claim ruling
State Defendants’ Motion to Dismiss
Municipal Defendants’ Motion to Dismiss
NY Power Authority Motion to Dismiss
Canadian St. Regis Mohawk Response
St. Regis Mohawk Supplemental Brief
Canadian St. Regis Mohawk Supplemental Brief
Here are the massive materials in New York v. Salazar (N.D. N.Y.):
Oneida Indian Nation Motion for Summary J
Oneida Indian Nation Opposition
Here are posts on the constitutional challenges to the trust acquisition from way back (here and here). And our sadly prescient commentary from 2008 here.
Here is Bond Schoenck and King’s opening brief.
Here is Oneida’s answer brief.
Lower court materials here.
Here are the materials in the cases captioned Oneida Indian Nation v. Oneida County (N.D. N.Y.):
Here is the opinion: DCT Order Granting PI in OIN v Paterson.
An excerpt:
In light of the plain meaning of the section 471(6) that any negotiated, court approved tax agreement between the parties would control, an injunction precluding the state enforcement of the new law while the issues are in mediation and negotiation is clearly advisable. It would be counterproductive to enforce the new law while mediating and negotiating a possible tax agreement that would replace the new law in whole or in part.
As Indianz reported….
Here is the order: DCT Dismissal of Onondaga Land Claims
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