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GREENE v. RHODE ISLAND

C.A. No. 03-69S.

289 F.Supp.2d 5 (2003)

Wilfred W. GREENE, a/k/a "Chief Eagle Heart," individually as a Native Indian, and as the duly-elected Chief of the Seaconke Wampanoag Tribe, Wampanoag Nation, and the Seaconke Wampanoag Tribe, Wampanoag Nation, and on behalf of the Native bands, clans, families, entities and individuals that are the descendants and heirs of the original Native Indians described in a deed from Wamsutta (a/k/a Alexander) to Thomas Willett dated April 8, 1661, Plaintiff, v. The State of RHODE ISLAND, the Town of Cumberland, and the City of Woonsocket in the State of Rhode Island, individually and as representatives of a defendant class composed of all persons and entities (including each named defendant) that currently occupy or have or claim an interest in any of the lands reserved for the Natives in a deed from Wamsutta (a/k/a Alexander) to Thomas Willett dated April 8, 1661, Defendants.

United States District Court, D. Rhode Island.

October 31, 2003.

Attorney(s) appearing for the Case

Earl F. Pasbach, Esq., Providence, RI, for Plaintiff.

Neil F.X. Kelly, Attorney General's Office, Providence, RI, Claire J.V. Richards, Office of the Governor, Providence, RI, Thomas E. Hefner, Attorney for the Town of Cumberland, Cumberland, RI, Joseph P. Carroll, Attorney for the City of Woonsocket, Woonsocket, RI, for Defendants.

John F. Killoy, Wakefield, RI, for Narragansett Indians, Amicus Curiae.

Eric H. Miller, Kaplan & Kolb, Inc., Providence, RI, Gus P. Coldebella, Brett C. Gerry, Goodwin Procter, LLP, Boston MA, for American Land Title Association, Amicus Curiae.

DECISION AND ORDER

SMITH, District Judge.

This case concerns a thirty-four square mile portion of land (the "Land") bordering the Blackstone River in northern Rhode Island. Wilfred W. Greene a/k/a "Chief Eagle Heart," Chief of the Seaconke Wampanoag Indian Tribe (the "Tribe" or the "Wampanoags"), brought this action claiming that a 1661 deed from the Wampanoags to a colonist reserved use and occupation...

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