indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
2nd Circuit won't rehear Stockbridge-Munsee land claim lawsuit

Filed Under: Law
More on: 2nd circuit, land claims, new york, stockbridge-munsee, supreme court, wisconsin
     


The seal of the Stockbridge-Munsee Community

The 2nd Circuit Court of Appeals has declined to rehear the Stockbridge-Munsee Community land claim lawsuit.

The tribe, now based in Wisconsin, sued the state of New York to recover ancestral territory. A three-judge panel of the court, however, said the claim was too "disruptive."

"[I]t is now well‐established that Indian land claims asserted generations after an alleged dispossession are inherently disruptive of state and local governance and the settled expectations of current landowners, and are subject to dismissal on the basis of laches, acquiescence, and impossibility," the June 20 decision stated.

The tribe can ask the U.S. Supreme Court to hear the case. But acceptance is highly unlikely -- the justices have declined to hear land claims from the Oneida Nation, the Cayuga Nation and Onondaga Nation.

“The court did not say that our claim was not valid, it just said, in effect, ‘Go away, we will not even hear your claim,‘" Stockbridge-Munsee President Wallace A. Miller said in the Mohican News after the 2nd Circuit's ruling in June. "The courthouse doors are closed to Indian claims that might disrupt the majority’s settled expectations, regardless of the historical injustice that may have occurred.’”

Turtle Talk has posted documents from the case, Stockbridge-Munsee Community v. New York.

2nd Circuit Decision:
Stockbridge‐Munsee Community v. New York (June 20, 2014)

Related Stories:
Appeals court dismisses Stockbridge-Munsee Band's land claim (06/20)
Stockbridge-Munsee Community can't sue for New York lands (7/25)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tribal Tribune: Unity at Standing Rock Sioux Tribe's #NoDAPL camp (8/26)
Dakota Access Pipeline lacks key approval to build by reservation (8/26)
Lummi Nation sends totem pole to sacred camp in North Dakota (8/26)
Winona LaDuke: Corporate interests come to destroy our mother (8/26)
Sarah Sunshine Manning: Pipeline campaign awakens our people (8/26)
Ho-Chunk citizen Sharice Davids named as a White House Fellow (8/26)
Leech Lake Band celebrates groundbreaking for new high school (8/26)
Mark Trahant: Native candidates face voters in Arizona primary (8/26)
Native Sun News: Mother charged in beating death of 2-year-old (8/26)
Lakota Country Times: Oglala veteran pushed for Black Elk Peak (8/26)
Jeffrey Whalen: Oglala Sioux Tribe continues to get nothing done (8/26)
Leon Matthews: Off The Rez Ramblings heads back to Pine Ridge (8/26)
Erica Pinto: Jamul Indian Village planning to debut casino 'soon' (8/26)
Harold Monteau: Tribal lending industry facing major challenges (8/26)
Winnebago Tribe becomes first with non-smoking room at casino (8/26)
Tlingit and Haida Tribes win federal approval of gaming ordinance (8/26)
Poarch Creeks won't see Class III gaming after lottery effort fails (8/26)
Dave Archambault: Why the Standing Rock Sioux Tribe is fighting (8/25)
Sen. Bernie Sanders joining opposition to Dakota Access Pipeline (8/25)
Cheyenne River Sioux Tribe chair dispels rumors about camp site (8/25)
Native Sun News: Thousands join pipeline resistance movement (8/25)
Lakota Country Times: Bill honors memory of Cheyenne woman (8/25)
John Yellow Bird Steele: A giant step forward with Black Elk Peak (8/25)
Dina Gilio-Whitaker: There's more than one path to reconciliation (8/25)
Spokane Tribe hit hard as blaze destroys homes on reservation (8/25)
Hopi Tribe struggling to address high levels of arsenic in water (8/25)
Osage Nation celebrates $74M purchase of ancestral territory (8/25)
Former Navajo Nation lawmakers sentenced over fund misuse (8/25)
Ute Tribe remains busy in court with appeal in contract dispute (8/25)
Mashpee Wampanoag Tribe hails bid to reconsider casino ruling (8/25)
Twenty-Nine Palms Band considers expansion project at casino (8/25)
Grand Traverse Band shares gaming funds with local community (8/25)
Standing Rock Sioux Tribe sees strong support at pipeline hearing (8/24)
Judge takes aim at Ute Tribe after being kicked off sovereignty suit (8/24)
Lakota Country Times: County seeks compensation for trust lands (8/24)
Native Sun News: Sage remains a special plant for Native peoples (8/24)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.