Supreme Court of the United States · Official docket →
Daniel Phillips, as Administrator of the Estate of Melvin L. Phillips, Sr. and as Successor Trustee of Melvin Phillips, Sr./Orchard Party Trust v. Oneida Indian Nation
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-3130 · judgment March 14, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.
Question presented
What is the effect of the ruling in this case on the hundreds of Indian and non-Indian titles conveyed by the Orchard Party to, New York State and the subsequent conveyances to the public now that the Treaties of 1838 and Canandaigua are not legal authority for the actions of the State of New York in buying and reselling the Orchard Party reservation reservation? Were the decisions of the District Court and the Court of Appeals an abuse of discretion in that: the 19.6 acres was under the exclusive control of the Orchard Party/Pagans by agreement with the other Oneida Indian Tribes in 1805, by treaty with the State of New York in 1842 under authority from the federal government and exclusively possessed owned and occupied by Orchard Party the for 200 years and it is developed and as a the tribal worship site? Does the Orchard Party on the facts of this case including state ratification by treaty of the ownership of Lot 3 by the Orchard Party under federal authority of the treaties, 200 year delay of Plaintiff in asserting its rights, a partition agreement in which the tribe agreed that the land was the Pagans (the predecessors of the Orchard Party), the development of the parcel, that the parcel was under the exclusive control of the Defendants for 200 years with no action taken by the Plaintiffs, and the rest of the facts of this case create an equitable defense to the claim of ownership by the Plaintiff Oneida Indian Nation? Should the case be remanded for additional discovery rather than a judgment on the pleadings to determine:
Counsel of record
For petitioner
Woodruff Lee Carroll
Woodruff Lee Carroll P.C.
For respondent
Michael R. Smith
Zuckerman, Spaeder, et al.
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2024Petition DENIED.
- Jun 26 2024DISTRIBUTED for Conference of 9/30/2024.
- Jun 18 2024Waiver of right of respondent Oneida Indian Nation to respond filed.
- Jun 12 2024Petition for a writ of certiorari filed. (Response due July 15, 2024)