Here is the petition:
The CA2 panel opinion and materials are here.
Onondaga Indian Nation v. State of New York
2nd Circuit Affirms Lower Court Dismissal of Onondaga Land Claim
This appeal is decided on the basis of the equitable bar on recovery of ancestral land in City of Sherrill v. Oneida Indian Nation, 544 U.S. 197 (2005) (“Sherrill”), and this Court’s cases of Cayuga Indian Nation v. Pataki, 413 17 F.3d 266 (2d Cir. 2005) (“Cayuga”) and Oneida Indian Nation v. County of Oneida, 617 F.3d 114 (2010) (“Oneida”). Three specific factors determine when ancestral land claims are 20 foreclosed on equitable grounds: (1) “the length of time at issue between an historical injustice and the present day”; (2) “the disruptive nature of claims long delayed”; and (3) “the degree to which these claims upset the justifiable expectations of individuals and entities far removed from the events giving rise to the plaintiffs’ injury.” Oneida, 26 617 F.3d at 127; see also Sherrill, 544 U.S. at 214, 221 (summarizing that the equitable considerations in this area are similar to “doctrines of laches, acquiescence, and impossibility,” and grew from “standards of federal Indian law and federal equity practice”) (internal quotation marks omitted). All three factors support dismissal.
Second Circuit Hears Onondaga Land Claims Oral Arguments Today at New York Law School
Here is the NYLS website with the description of the appellate panel. [not sure why the link says moot court, because it seems all too real]
Here are the briefs:
Amicus Brief [drafted by MSU ILPC]
City of Syracuse and Corporate Appellee’s Brief
Briefs are also here.
Briefs in 2nd Circuit Onondaga Nation Land Claims Case
Briefs for the Appellees:
City of Syracuse and Corporate Appellee’s Brief
Previous coverage and appellant’s brief here.
Onondaga Land Claim Materials Filed in 2nd Circuit
Onondaga Land Claims Dismissal Order
As Indianz reported….
Here is the order: DCT Dismissal of Onondaga Land Claims
Turtle Talk 