Finding Aid for the Onondaga Nation Land Claim Records, 2005-2008

Charles B. Sears Law Library

O'Brian Hall
University at Buffalo, State University of New York
Buffalo, New York 14260-1110
USA
Phone: 716 645-2047
Fax: 716 645-3860
Email: asklaw@buffalo.edu
URL: http://law.lib.buffalo.edu

Finding aid written by Karen L. Spencer
Finding aid encoded in EAD by Karen L. Spencer, January 2008.

Collection Overview

Title: Onondaga Nation Land Claim Records, 2005-2008

Collection Number: Law Spec.Coll. 09

Creator: Karen L. Spencer, Archives and Special Collections Librarian

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, 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.

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.

Collection Contents

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.

Contributors

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
Lehman, J. David
Onondaga County (N.Y.)
Robertson, Lindsay Gordon
Syracuse (N.Y.)
Trigen Syracuse Energy Corp.
Valley Realty Development Co. Inc.
Wallace, Anthony F. C., 1923-

Subjects

Indians of North America - New York (State)
Indians of North America Government relations 1789-1869
Indians of North America History
Indian title
Onondaga Indians
Six Nations. Treaties, etc. United States, 1784 Oct. 22
Six Nations. Treaties, etc. United States, 1794 Nov. 11

Genre Terms

Court records
Legal documents

Associated Materials

Related Resources in the Law Library

Howard R. Berman Collection: 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.

Marilyn L. Haas Collection: 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.


Seneca Nation Land Claims Records: 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.