Collection Overview
Title	Onondaga Nation Land Claim Records, 2005-2008
Collection Number	Law Spec. Coll. 09
Collector	Spencer, Karen L.
Extent	2 manuscript boxes (1 linear foot)
Language of Material	Collection material in English.
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

Information for Users

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.

Terms of Access and Use

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.

Administrative Information

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.

Accruals and Additions

Accruals are expected to this collection as the case progresses through the courts.

Processing Information

Processed by Karen L. Spencer.

Historical Note

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.

Scope and Content Note

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.

Arrangement

The collection is arranged in four series:

Series I. Plaintiff's Filings

Series II. Defendant's Filings

Series III. Court Actions

Series IV. Background Materials

Series I-III are arranged by item number in the court's docket found in Series III.

Container List

Series I.    Plaintiff's Filings

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)

Series II.    Defendant's Filings

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)

Series III.    Court Actions

Box-folder		Contents
2.14		Docket printout from Westlaw, 1/5/2008

2.15		Transcript of Motion Hearing held October 11, 2007 (Docket #89)

Series IV.    Background Materials

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.

Search Terms

The following terms have been used to index the description of this collection in the Library's online catalog.

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