Wisconsin Oneidas considering proposal
Mar. 13, 2002

By TOM LAMBERT
Observer-Dispatch

The attorney for the Wisconsin Oneidas said tribal leaders are considering a proposal to drop 40 lawsuits it has filed against landowners in the last month.

Arlinda Locklear - an attorney for the Wisconsin tribe - received proposals from landowners’ attorney Leon R. Koziol that would allow the tribe to drop the lawsuits while “preserving the tribe’s rights,” Locklear said.

The Wisconsin Oneidas want to ensure time doesn’t run out on their ability to bring suit, which is the reason lawsuits were filed against landowners over the past month, Locklear said.

“We are taking a very hard look at ideas proposed by Mr. Koziol and his client that could result in the dismissal of these suits,” Locklear said Tuesday night.

Under a proposed land-claim settlement made public last month by the state, local counties and the New York Oneidas, the state and federal government would contribute to a $500 million payout to the three branches of the Oneidas. In exchange, the New York Oneidas would give up their claim to 250,000 acres of Central New York land.

Gov. George E. Pataki, however, has said it is unclear if the federal government will pay its share.
And the Wisconsins have opposed the settlement because it would not provide them with any land within the disputed claim area in Oneida and Madison counties.

Koziol held a news conference Tuesday afternoon announcing that the American Land Rights Coalition Inc., which he represents, filed motions for dismissal in the 40 possession cases brought against landowners by the Wisconsins.

Koziol outlined the following options as ways for the Wisconsin tribe to drop their lawsuits against the landowners while maintaining its rights:

* A voluntary withdrawal under a court-approved stipulation.

* A stay pending congressional action.

Both of these options would remove landowners, giving them “peace of mind,” but would allow the Wisconsins to sue the landowners again if a settlement couldn’t be reached with the state, Locklear said.

“By making these two options available, I am trying to get the landowners out of these lawsuits once and for all without the Oneida Wisconsins waiving their rights in the greater land-claim deliberations,” Koziol said.

The Wisconsins would only drop the suits if the state would be willing to negotiate, Locklear said.
“That’s the $64,000 question,” she said. “Will the state talk? At the end of the day the only we we can drop and never file against them again is if the state is willing to settle.”

Michael McKeon, a spokesman for Pataki’s office, said he was unaware of Tuesday’s actions.

“The Oneida Wisconsins’ lawsuits are difficult to take seriously because they are such a farce,” McKeon said. “It’s an attempt to scare landowners, but it’s not going to work. We are going to be very aggressive in fighting these lawsuits in court and getting them dismissed.”

The door isn’t closed for the state to go back to the negotiating table with the Wisconsins, McKeon added.
“Our door is always open, but they would have to take a step and try and restore good faith,” he said.

Pataki has hired the New York City firm of White & Case to defend area residents being sued.

McKeon said the governor’s office was unsure if the state would pick up the tab if homeowners want to hire their own lawyers.

The tribe filed the lawsuits in the first place because it felt their legal rights were being prejudiced by the continual passage of time, Locklear said.

“The tribe has always said that it wants an out-of-court solution and would be willing to listen to ideas that would get us to that point,” she said.

Although the ALRC, a not-for-profit corporation, hasn’t been named in a suit it wanted to take action before it happened, Koziol said.

The group has plans to develop a gambling recovery center near Turning Stone Casino, which may be jeopardized by the expanding action, Koziol said.

“The responsive litigation seeks to end all present and future possession cases against individual property owners so that private entrepreneur activities such as this one will not be impaired,” Koziol said.