Judge cites passage of time in Shinnecock land claim
Wednesday, December 6, 2006
The Shinnecock Nation of New York waited too long to file its land claim, a federal judge ruled last week.
The tribe claimed 3,600 acres on Long Island. But U.S. District Court Judge Thomas C. Platt said the passage of time called for the dismissal of the "disruptive" lawsuit.
"Over 140 years passed between the alleged wrongful dispossession and the attempt to regain possession," Platt said in the 13-page decision [
PDF].
Platt cited the U.S. Supreme Court decision in
Sherrill v. Oneida Nation and the 2nd Circuit decision in
Cayuga Nation v. New York. He said the Shinnecocks were asserting nearly the same claims at the other two New York tribes.
The Shinnecock Nation is recognized by the state. Platt previously ruled that the tribe was Indian, for purposes of federal law.
Get the Story:
Ruling aside, tribe plans to build casino
(Newsday 12/6)
Land Claim Court Decision:
Shinnecock Nation v. New York (November 28, 2006)
Federal Recognition Court Decision:
New York v. Shinnecock Nation
(November 7, 2005)
Only on Indianz.Com:
Federal
Recognition Database V2.0 (May 2005)
Relevant Links:
Shinnecock Nation -
http://www.shinnecocknation.com
Related Stories:
Historian claims Shinnecock Nation gave up land
(12/5)
Trial continues over
Shinnecock Nation status (10/2)
Judge
urges compromise with Shinnecock Nation (10/13)
Shinnecock Nation asserts sovereignty over land
(10/11)
Unofficial Shinnecock Nation
election results (04/05)
Shinnecock
Nation must wait for recognition (01/09)
Shinnecock Nation holds rally after hate crime
(12/21)
Race has long been an issue for
Shinnecock Nation (12/01)
Norton lobbied
on Shinnecock Nation recognition (11/15)
BIA calls Shinnecock decision 'out of the ordinary'
(11/9)
Shinnecock Nation wins big in
federal court (11/8)
Shinnecock Nation
tackles substance abuse (08/23)
Shinnecock Nation wants lawsuit dismissed
(08/01)
Big workload looms for BIA on
federal recognition (07/26)
Editorial:
Shinnecock Nation should drop lawsuit (07/18)
Shinnecock Nation backers hold Pombo fundraiser
(7/13)
Building homes on Shinnecock
Nation often a struggle (07/07)
Little
Caesars founder backs Shinnecock Nation (7/1)
Opinion: Shinnecock Nation recognition a long shot
(6/30)
Shinnecock claim influenced by
Oneida Nation decision (6/27)
Editorial:
Shinnecock Nation right to file claim (6/23)
Column: Shinnecock Nation only seeks a future
(6/20)
Column: Shinnecock Nation took
too long to sue (6/20)
Tribe's lawsuit
claims pricey Hamptons properties (6/17)
Editorial: Shinnecock Nation needs answer from BIA
(6/17)
Shinnecock Nation takes land
claim papers to court (6/16)
Shinnecock
Nation runs ads in support of land claim (6/15)
Shinnecock Nation cites fraud in theft of land
(6/14)
Shinnecock Nation to file
billion-dollar land claim (6/13)
Shinnecock Nation lays claim to bones of 60-foot
whale (04/06)
Ties between Shinnecock
Nation, golf club tested (06/11)
BIA
doesn't want judge to rule on Shinnecock Nation (04/27)
Editorial: Shinnecock Nation deserves an
answer (04/02)
House panel
sympathetic to tribes on recognition (04/01)
Hearing used to air complaints about tribal
recognition (04/01)
Federal
recognition process subject of two hearings (03/31)
Judge to have 'final word' on Shinnecock
recognition (01/28)
Shinnecock
Nation case tests legal waters (1/26)
Shinnecock leaders compare opposition to
genocide (1/22)
BIA wants
Shinnecocks to wait a decade for status (12/18)
N.Y. opinion affirmed Shinnecock Nation
sovereignty (09/19)
Decision
awaited in Shinnecock casino case (08/06)
Mont. court recognizes tribe
through common law (05/01)
Copyright © 2000-2006 Indianz.Com
Subscribe