Document Type

Article

Publication Date

3-15-1991

Abstract

Plaintiffs-Appellants Salamanca Coalition of United Taxpayers, Inc. ("SCOUT"), representing nearly 600 lessees, and five individual lessees (collectively "Appellants") commenced this action against their lessors, the Seneca Nation of Indians ("Nation"), and against the Salamanca Indian Lease Authority ("SILA"), the City of Salamanca ("City") and various City officials to compel the Nation to renew their leases for up to 99 years. Other relief was sought, including a declaration that the agreement negotiated by SILA, the City and the Nation for renewal of the leases was null and void. The Appellants also challenged the constitutionality of the Seneca Nation Settlement Act of 1990, by which Congress approved the agreement for renewal of the leases and appropriated $35 million toward the rental payments. The district court dismissed all claims against the Nation, finding that the Nation was immune from suit. It also dismissed two claims against the remaining defendants on the ground that an adjudication of those claims in the absence of the Nation would impede the Nation's ability to protect its interest in the subject of those claims. We hold that the district court correctly found that the Nation was immune from suit under the doctrine of sovereign immunity and properly dismissed the other two claims against the remaining defendants under Fed.R.Civ.P. 19.

Comments

928 F.2d 542 (1991)

Joseph FLUENT, Individually and as a representative of the Class of Salamanca Lessees holding 99-year leases from Seneca Nation of Indians; James V. Mongillo, Individually and as a representative of the class of Salamanca lessees holding 50-year leases from the Seneca Nation of Indians and Keith McClain, Individually and as a representative of the class of congressional village lessees holding 99-year leases from the Seneca Nation of Indians; Robert Adamic, Individually and on behalf of the class of lessees who signed the "40/40 Lease" Tendered by the Seneca Nation of Indians on or about September 4, 1990; Marilyn Adamic, Individually and on behalf of the class of lessees who signed the "40/40 Lease" Tendered by the Seneca Nation of Indians on or about September 4, 1990; Salamanca Coalition of United Taxpayers, Inc., Individually and on behalf of its membership, Plaintiffs-Appellants,

v.

SALAMANCA INDIAN LEASE AUTHORITY; David Franz, Individually and as Attorney for the City of Salamanca Indian Lease Authority; Antonio Carbone, Individually and as Mayor of the City of Salamanca and also as member of the Salamanca Indian Lease Authority; City of Salamanca; Patrick Callaghan, Individually and as Chairman of the Salamanca Indian Lease Authority; Linda Rychcik, Individually and as a member of the Salamanca Indian Lease Authority; Henry Stefanski, Individually and as a member of the Salamanca Indian Lease Authority; Owen K. Phillips, Individually and as a member of the Salamanca Indian Lease Authority; Dann Colvin, Individually and as a member of the Salamanca Indian Lease Authority; Paul Taylor; Penny Buckley; Seneca Nation of Indians, Defendants-Appellees.

No. 1300, Docket 91-7086. United States Court of Appeals, Second Circuit.

Argued February 19, 1991. Decided March 15, 1991.

New York Law School location: File #1164, Box #127

Download

Share

COinS