CANADIAN ST. REGIS BAND OF MOHAWK INDIANS v. NEW YORK

Nos. 82-CV-783, 82-CV-1114, 89-CV-829.

146 F.Supp.2d 170 (2001)

The CANADIAN ST. REGIS BAND OF MOHAWK INDIANS, Plaintiff, The United States of America, Plaintiff-Intervenor, v. The State of NEW YORK, George E. Pataki, as Governor of the State of New York, the County of St. Lawrence, the County of Franklin, the Village of Massena, the Town of Massena, the Town of Bombay, the Town and Village of Fort Covington, Farmers National Bank, n/k/a Key Bank of Northern New York, N.A., Nationwide Mutual Insurance Co., Niagara Mohawk Power Co., Walsh Realty Corp. and Canadian Railways, Defendants. The Canadian St. Regis Band Of Mohawk Indians, Plaintiff, The United States of America, Plaintiff-Intervenor, v. The State of New York, George E. Pataki, as Governor of the State of New York, St. Lawrence Seaway Development Corp., David W. Oberlin, Niagara Mohawk Power Co., and Power Authority of the State of New York, Defendants. The St. Regis Mohawk Tribe, by the St. Regis Mohawk Tribal Council and the People of the Longhouse at Akwesasne, by The Mohawk Nation Council of Chiefs, Plaintiffs, The United States of America, Plaintiff-Intervenor, v. The State of New York, George E. Pataki as Governor of the State of New York, County of St. Lawrence, County of Franklin, Village of Massena, Town of Massena, Town of Bombay, Town and Village of Fort Covington, Key Bank of Northern New York, N.A., Nationwide Mutual Insurance Co., Niagara Mohawk Power Co., Canadian National Railways, Power Authority of the State of New York; et al. individuals, Defendants.

United States District Court, N.D. New York.

May 30, 2001.


Attorney(s) appearing for the Case

Sonosky Chambers Sachse & Endreson (Harry R. Sachse, of counsel), Washington, DC, for Plaintiff.

Indian Law Resource Center (Steven M. Tullberg, June Lorenzo, of counsel), Washington, DC, for Plaintiff The People of the Longhouse of Akwesasne by the Mohawk National Council of chiefs.

Hobbs Straus Dean & Walker (Hans Walker, Jr., Marsha K. Schmidt, of counsel), Washington, DC, for Plaintiff The St. Regis Mohawk Tribe by the St. Regis Mohawk Tribal Council.

Daniel J. French, United States Attorney, Syracuse, NY, for U.S.

United States Department of Justice-Environment & Natural Resources Division (Charles Jakosa, of counsel), Washington, DC, for Plaintiff-Intervenor The United States of America.

Eliot Spitzer, Attorney General of the State of New York (David B. Roberts, Howard L. Swickel, Asst. Attorneys General, of counsel), Albany, NY, for Defendants State of New York and the Governor of the State of New York.

David E. Blabey (Arthur T. Cambouris, Eileen P. Flynn, of counsel), New York City, for Defendant Power Authority of State of New York.

Hiscock & Barclay, LLP (Judith M. Sayles, of counsel), Syracuse, NY, for Defendants County of St. Lawrence, County of Franklin, Village of Massena, Town of Massena, Town of Bombay, Town and Village of Fort Covington, Key Bank of Northern New York, N.A., Nationwide Mutual Insurance Co., Niagara Mohawk Power Co., Canadian National Railways, and for Defendant Class.


MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

In this protracted land claim litigation, plaintiff tribes, as self-described descendants of the Village of St. Regis, seek a declaration of ownership and the right to possess approximately 12,000 acres of land in northern New York, plus damages for almost 200 years of dispossession. The tribes and plaintiff-intervenor the United States principally...

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