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FLUENT v. SALAMANCA INDIAN LEASE AUTHORITY

No. 1300, Docket 91-7086.

928 F.2d 542 (1991)

Joseph FLUENT, Individually and as a representative of the Class of Salamanca Lessees holding 99-year leases from Seneca Nation of Indians; James V. Mongillo, Individually and as a representative of the class of Salamanca lessees holding 50-year leases from the Seneca Nation of Indians and Keith McClain, Individually and as a representative of the class of congressional village lessees holding 99-year leases from the Seneca Nation of Indians; Robert Adamic, Individually and on behalf of the class of lessees who signed the "40/40 Lease" Tendered by the Seneca Nation of Indians on or about September 4, 1990; Marilyn Adamic, Individually and on behalf of the class of lessees who signed the "40/40 Lease" Tendered by the Seneca Nation of Indians on or about September 4, 1990; Salamanca Coalition of United Taxpayers, Inc., Individually and on behalf of its membership, Plaintiffs-Appellants, v. SALAMANCA INDIAN LEASE AUTHORITY; David Franz, Individually and as Attorney for the City of Salamanca Indian Lease Authority; Antonio Carbone, Individually and as Mayor of the City of Salamanca and also as member of the Salamanca Indian Lease Authority; City of Salamanca; Patrick Callaghan, Individually and as Chairman of the Salamanca Indian Lease Authority; Linda Rychcik, Individually and as a member of the Salamanca Indian Lease Authority; Henry Stefanski, Individually and as a member of the Salamanca Indian Lease Authority; Owen K. Phillips, Individually and as a member of the Salamanca Indian Lease Authority; Dann Colvin, Individually and as a member of the Salamanca Indian Lease Authority; Paul Taylor; Penny Buckley; Seneca Nation of Indians, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 15, 1991.

Attorney(s) appearing for the Case

Jennifer A. Coleman (Iris B. Schifeling, Damon & Morey, Buffalo, N.Y., of counsel), for plaintiffs-appellants.

Douglas B.L. Endreson, Washington, D.C. (Reid Peyton Chambers, Sonosky, Chambers, Sachse & Endreson, Washington, D.C., Michael Brady, Hagerty & Brady, Buffalo, N.Y., of counsel), for defendant-appellee Seneca Nation of Indians.

R. William Stephens (David M. Franz, Raichle, Banning, Weiss & Stephens, Buffalo, N.Y., of counsel), for defendants-appellees other than Seneca Nation of Indians.

Before FEINBERG, TIMBERS and MINER, Circuit Judges.

MINER, Circuit Judge:

Plaintiffs-Appellants Salamanca Coalition of United Taxpayers, Inc. ("SCOUT"), representing nearly 600 lessees, and five individual lessees (collectively "Appellants") commenced this action against their lessors, the Seneca Nation of Indians ("Nation"), and against the Salamanca Indian Lease Authority ("SILA"), the City of Salamanca ("City") and various City officials to compel the Nation to renew their leases for up to 99 years. Other relief...

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