Judge blocks proposed Shinnecock Casino in The Hamptons

as posted 11.01.07 at Native America, Discovered and Conquered:

NY Tribe loses case for land rights
Indianz.com reports: “Citing the “disruptive nature” of the Shinnecock Nation’s attempts to assert sovereignty, a federal judge on Tuesday blocked the New York tribe from opening a gaming facility on ancestral land. The tribe has lived on Long Island for thousands of years. Its reservation, located in the heart of the wealthy enclave known as the Hamptons, is recognized by the state as sovereign land. But in a 129-page ruling, Judge Joseph F. Bianco said a disputed parcel outside the eservation is not sovereign territory. Though the tribe owns the “Westwoods” land in fee, it lost aboriginal title hundreds of years ago, the lengthy decision stated. Bianco, a Bush appointee, said “the evidence overwhelmingly demonstrated in a plain and unambiguous manner that aboriginal title held by the Westwoods land was extinguished in the 17th century.” Yet even if aboriginal title still existed, Bianco said the tribe can’t use the site for gaming due to the “highly disruptive consequences” of the proposed 61,000-square-foot casino. Nearly 20 pages of the opinion were dedicated to the impacts of gaming on the environment, traffic, health and safety... (Full Post)