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UNALACHTIGO BAND OF NANTICOKE v. STATE

867 A.2d 1222 (2005)

375 N.J. Super. 330

UNALACHTIGO BAND OF THE NANTICOKE-LENNI LENAPE NATION and James Brent Thomas, Sr., Plaintiffs-Appellants, v. STATE of New Jersey and Donald Difrancesco, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 2005.

Attorney(s) appearing for the Case

Andrew J. Bayne, Princeton, argued the cause for appellants (Bayne Law Group, attorneys; Mr. Bayne, of counsel and on the brief; Scott C. Walter and Brian P. Murphy, on the brief).

Michael J. Haas, Assistant Attorney General, argued the cause for respondents (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Haas, on the brief).

Before Judges LEFELT, FUENTES and FALCONE.

The opinion of the court was delivered by

LEFELT, J.A.D.

Plaintiffs, Unalachtigo Band of the Nanticoke Lenni Lenape Nation and James Brent Thomas,2 their tribal chairperson and war chief, claimed to be direct descendents of those Native Americans who, after 1758, lived on the Brotherton Reservation in what is now Shamong Township, Burlington County. Plaintiffs asserted that when their ancestors sold the reservation land in 1801...

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