SENECA NATION OF INDIANS v. NEW YORK

Docket Nos. 02-6185(L), 02-6195(XAP), 02-6197(C) and 02-6213(C).

382 F.3d 245 (2004)

SENECA NATION OF INDIANS, Plaintiff-Appellant, Tonawanda Band of Seneca Indians, United States of America, Plaintiffs-Intervenors-Appellants, v. The State of NEW YORK, New York Thruway Authority, John R. Platt, Executive Director, New York Thruway Authority, Defendants-Appellees, Moore Business Forms Corp., individually and as a representative of a class of landowners similarly situated, Defendant-Appellee-Cross-Appellant, George E. Pataki, Governor, State of New York, Bernadette Castro, Commissioner, Parks, Recreation and Historic Preservation, Ronald W. Coan, Director, Erie County Industrial Development Agency, John Cahill, Commissioner, New York Department of Environmental Conservation, Joseph Boardman, Commissioner, New York Department of Transportation, Erie County, Individually and as a representative of class of landowners and similarly situated, Moore Business Forms, Individually and as a representative of a class of landowners similarly situated, Indicom, Inc., Individually and as a representative of a class of landowners similarly situated, Rado-Mart Holdings, U.S., Inc., Individually and as a representative of a class of landowners similarly situated, Ilona H. Lang, Individually and as a representative of a class of landowners similarly situated, Robert W. Weaver, Individually and as a representative of a class of landowners similarly situated, Francis B. Pritchard, Individually and as a representative of class of landowners similarly situated, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 9, 2004.


Attorney(s) appearing for the Case

Jeanne S. Whiteing, Whiteing & Smith, Boulder, CO, and Arlinda F. Locklear, Jefferson, MD (Steven M. Tullberg, Alexandra C. Page, Indian Law Resource Center, Washington, DC, on the brief), for Plaintiff-Appellant Seneca Nation of Indians and Plaintiff-Intervenor-Appellant Tonawanda Band of Seneca Indians.

Samuel C. Alexander (William Lazarus, Ellen Durkee, on the brief), Environment & Natural Resources Division (Thomas L. Sansonetti, Assistant Attorney General, on the brief), United States Department of Justice (Mary Anne Kenworthy, Office of the Solicitor, Department of the Interior, on the brief), Washington, DC, for Plaintiff-Intervenor-Appellant United States.

Peter B. Sullivan, Assistant Attorney General (Eliot Spitzer, Attorney General, Caitlin J. Halligan, Solicitor General, Peter H. Schiff, Senior Counsel, Andrew D. Bing, Assistant Solicitor General, on the brief), State of New York (Frederick A. Wolf, Erie County Attorney, Frederick G. Attea, Assistant County Attorney, Buffalo, NY; Michael B. Powers, Phillips, Lytle, Hitchock, Blaine & Huber, on the brief), Buffalo, NY, for Defendants-Appellees.

Gus P. Coldebella (Anthony M. Feeherry, P.C., Andrea L. Studley, Mark S. Puzella, Brett C. Gerry, on the brief), Goodwin Proctor LLP, Boston, MA, for Defendant-Appellee-Cross-Appellant.

Before: OAKES, MESKILL, and B.D. PARKER, Circuit Judges.


B.D. PARKER, JR., Circuit Judge:

I. Introduction

This case concerns the legality of the acquisition by the State of New York of Niagara River islands (the "Islands") in 1815 from the Seneca Nation of Indians1 for $1,000 and "an annuity of $500.00 to be paid ... each year forever hereafter."2 The Senecas and Intervenor-Appellant the United States, as trustee...

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