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Finding Aid for the Onondaga Nation
Land Claim Records,
2005-2008
Law Spec. Coll. 09
Charles B. Sears Law
Library
O'Brian HallUniversity at Buffalo, State University of New
YorkBuffalo, New York 14260-1110United StatesPhone: 716 645-2047Fax: 716 645-3860Email:
asklaw@buffalo.edu URL:
http://law.lib.buffalo.edu Finding aid prepared by Karen L.
Spencer.
Finding aid encoded in EAD by Karen L. Spencer, January 2008.
Finding aid written in
English.
Finding aid prepared using DACS (
Describing Archives: A Content Standard
)
Please use the following URL when citing this document:
http://purl.org/net/findingaids/view?docId=ead/law/ublaw0009.xml
©
2008. State University of New York at Buffalo. All
rights reserved.
Title: Onondaga Nation Land
Claim Records,
2005-2008
Extent: 2
manuscript boxes (1
linear foot)
Repository:
Charles B. Sears Law Library, State
University of New York at Buffalo
Abstract: Materials from
litigation of Onondaga Nation land claims in central New York State,
Onondaga Nation v. New York, et al, U.S. District
Court, Northern District of New York, Docket 05-CV-0314
Preferred Citation
[Specified item], Box/Folder #, Law Spec. Coll. 09, Onondaga Land
Claims Records, 2005-2008, Charles B. Sears Law Library, The State University
of New York at Buffalo.
Acquisition Information
Gift of electronic copy on cd-rom of items filed on behalf of the
plaintiff, Onondaga Nation, received from their attorney, Joseph Heath in
November, 2006. Other items from the docket printed from the PACER electronic
database in January 2008. Also includes background information collected by the
processor.
Terms of Access
The bulk of the Onondaga Nation Land Claims Records are open for
research. Materials can be examined by qualified researchers in the Law Library
during hours of operation during which Law Reference Librarians are present. In
order to insure access, researchers are advised to contact the Law Library in
advance of visits.
Copyright
Court materials are in the public domain. Copyright of background
research materials lies with the respective authors or authors’ heirs and
publishers. Researchers must obtain the written permission of the holder(s) of
copyright. Most papers may be copied in accordance with the library's usual
procedures unless otherwise specified.
Processing Information
Processed by Karen L. Spencer.
Accruals and Additions
Accruals are expected to this collection as the case progresses
through the courts.
On March 11, 2005 the Onondaga Nation filed a federal court action in
the Northern District of New York seeking a declaratory judgment that they hold
title to their aboriginal territory in central New York State stretching from
Lake Ontario and the St. Lawrence River to Pennsylvania. The case,
Onondaga Nation v. New York, et al, 05-CV-0314 ,
does not seek eviction of landholders or damages but a declaration that New
York illegally took the land from the Onondagas in the late 18th and early 19th
centuries. The Onondaga's expressed motivation is to participate in and
encourage full environmental clean-up of Onondaga Lake and the surrounding
area.
The defendants are the State of New York, the Governor, Onondaga
County, the City of Syracuse, Honeywell International, Inc., Trigen Syracuse
Energy Corp., Clark Concrete Co., Inc., Valley Realty Development Co., Inc.,
and Hanson Aggregates North America.
Oral argument on the defendants' motion to dismiss was heard on
October 11, 2007.
Collection includes official court filings, historical and legal
experts' reports and maps, a transcript of oral argument, and background
research materials prepared during the ongoing litigation. Also included is
related information collected by the processor, Karen L. Spencer, the Archives
and Special Collections Librarian in the Charles B. Sears Law Library.
The collection is arranged in four series:
I. Plaintiff's Filings
II. Defendant's Filings
III. Court Actions
IV. Background Materials
I-III are arranged by item number in the court's docket found
in Series III.
|
| Box-folder |
|
Contents |
|
| 1.1 |
|
Complaint (Docket #1)
|
|
| 1.2 |
|
First Amended Complaint (Docket #29)
|
|
| 1.3 |
|
Memorandum of Law in Opposition to Defendants' Motions
to Dismiss (Docket #55)
|
|
| 1.4 |
|
Declaration of
Robert T. Coulter, Esq.
and exhibits (Docket #56)
|
|
| 1.5-1.7 |
|
Declaration of
Anthony F.C. Wallace and
exhibits (Docket #57)
|
|
| 1.8-1.10 |
|
Declaration of
Robert E. Bieder and
exhibits (Docket #58)
|
|
| 1.11-1.12 |
|
Declaration of
Lindsay G. Robertson
and exhibits (Docket #59)
|
|
| 1.13 |
|
Declaration of
Tadodaho Sydney
Hill and exhibits (Docket #60)
|
|
| 1.14-1.15 |
|
Declaration of
Joseph J.
Heath, Esq. and exhibits (Docket #61)
|
|
| 1.16-2.2 |
|
Declaration of
J. David
Lehman and exhibits (Docket #62) (7 folders)
|
|
| 2.3 |
|
Plaintiff's Response to Defendant's Statement of
Material Facts (Docket #63)
|
|
| 2.4 |
|
Declaration of Service (Docket #64)
|
|
| 2.5 |
|
Letter from Indian Law Resource Center regarding
potential U.S. involvement (Docket #75)
|
|
| 2.6 |
|
Plaintiff's Supplemental Memorandum in Opposition to
Motions to Dismiss (Docket #84)
|
|
| Box-folder |
|
Contents |
|
| 2.7 |
|
Memorandum of Law in Support of State Defendants' Motion
to Dismiss and exhibits (Docket #43)
|
|
| 2.8 |
|
Memorandum of Law in Support of Non-State Defendants'
Motion to Dismiss and exhibits (Docket #45)
|
|
| 2.9 |
|
State of New York Defendants' Reply Memorandum of Law in
Support of the Motion to Dismiss, and in Opposition to Plaintiff's Motion to
Pursuant to Rule 56(f) and exhibits (Docket #73)
|
|
| 2.10 |
|
Non-State Defendants' Reply Memorandum in Support of
their Motion to Dismiss, and in Opposition to Plaintiff's Motion to Pursuant to
Rule 56(f) and exhibits (Docket #74)
|
|
| 2.11 |
|
State Defendants' Letter-brief in Opposition (Docket
#85)
|
|
| 2.12 |
|
Joint Supplemental Memorandum of Law in Support of
Defendants Motion to Dismiss and attachment (Docket #86)
|
|
| 2.13 |
|
Affirmation of David B. Roberts (Docket #
87)
|
|
| Box-folder |
|
Contents |
|
| 2.14 |
|
Docket printout from Westlaw, 1/5/2008
|
|
| 2.15 |
|
Transcript of Motion Hearing held October 11, 2007
(Docket #89)
|
|
| Box-folder |
|
Contents |
|
| 2.16 |
|
Background information collected by the processor
includes news articles, material from the website of the Indian Law Resource
Center.
|
|
| 2.17 |
|
Onondaga Nation website information on land
claim.
|
|
| 2.18 |
|
Cd-rom from Joseph Heath containing plaintiff's initial
filings.
|
The following terms have been used to index the description of this
collection in the Library's online catalog.
Lehman, J. David
Bieder, Robert
E. (Robert Eugene), 1938-
Clark Concrete Co.
Inc.
Coulter, Robert T.
Hanson Aggregates
North America
Heath, Joseph J.
Hill, Sydney
Honeywell
International Inc.
Indian Law Resource
Center
Onondaga County
(N.Y.)
Robertson,
Lindsay Gordon
Syracuse
(N.Y.)
Trigen Syracuse Energy
Corp.
Valley Realty
Development Co. Inc.
Wallace,
Anthony F. C., 1923-
Indian title
Indians of North America Government relations 1789-1869
Indians of North America History
Indians of North America--New York (State)
Onondaga Indians
Six Nations. Treaties, etc. United States, 1784 Oct. 22
Six Nations. Treaties, etc. United States, 1794 Nov. 11
Court records
Legal documents
Related Resources
This Law Special Collection includes books on the
Haudenosaunee (also known as the Iroquois Indians or Six Nations) as well as
the papers of Mr. Berman who was an early leader in the development of law on
the rights of indigenous peoples.
This Law Special Collection includes books on the
Haudenosaunee (also known as the Iroquois Indians or Six Nations)with special
emphasis on the Senecas and Tuscaroras.
This Law Special Collection materials from litigation of
Seneca Nation of Indians and Tonawanda Senecas’ land claims for Grand Island,
New York and the Oil Springs Reservation in Cuba, New York.
