Legal Opinion · Concurring in part, dissenting in part
Cayuga Indian Nation of New York v. Pataki
Court of Appeals for the Second Circuit
Decided August 1, 2005No. Docket 02-6111(L), 02-6130(CON), 02-6140(CON), 02-6200(CON), 02-6211(CON), 02-6219(CON), 02-6301(CON), 02-6131(XAP), 02-6151(XAP)Published
1Concurring in part, dissenting in partHall, District Judge
While City of Sherrill v. Oneida Indian Nation, 544 U.S. —, 125 S.Ct. 1478, 161 L.Ed.2d 386 (2005), has an impact on this case, it does not compel the conclusion that the plaintiffs are without any remedy for what the District Court found to be the illegal transfer of their land. My understanding of City of Sherrill is that it supports the majority’s conclusion that the plaintiffs cannot obtain ejectment of those currently in possession of the land which was, over 200 years ago, the Cayuga Nation’s Original Reservation. However, based on the nature of the claims long asserted in this case,…
2Cases cited43 opinions
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
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