Donald B. Veix, Jr., Managing Member of the Princeton Office of Levy, Angstreich together with Colorado co-counsel obtained a significant victory for the Stockbridge-Munsee Community, Band of Mohican Indians when The United States District Court for the District of New Jersey, by way of Senior District Judge Rodriguez, issued a 40-page Opinion in a significant case involving a claim by an unrecognized Indian tribe to 3,044 acres in Shamong Township, Burlington County, New Jersey. It claims that it is the successor-in-interest to an Indian group for which the Colony of New Jersey set aside a large tract of land in Burlington County in 1758 which became known as the Brotherton Reservation. The plaintiff, Unalachtigo Band of the Nanticoke-Lenni Lenape Nation previously filed a lawsuit in the Superior Court of New Jersey which was dismissed. The present action was filed in December, 2005 in Federal Court and named the State of New Jersey and the Honorable Jon S. Corzine, Governor as defendants.
The plaintiff claims that the State of New Jersey unlawfully sold the reservation in 1801 primarily by its failure to seek and receive the approval of the sale by the United States Congress, pursuant to the Indian Non-Intercourse Act. The action sought a ruling from the Court voiding the reservation’s sale as well as a multi-billion dollar claim for damages. The plaintiff initially claimed damages in excess of $17 billion and sought the eviction of all non-Indians from Shamong Township, a suburban township of approximately 6,500 persons.
Veix and co-counsel, Don Miller, intervened on behalf of the Stockbridge-Munsee Community, Band of Mohican Indians and immediately moved for dismissal of the Complaint. The Stockbridge-Munsee Community is a federally-recognized Indian tribe. Stockbridge submitted proof that it is the successor to the Brotherton Indians and, as a result, had a substantial interest in this litigation.
Another Indian tribe, the Powhatan Lenape Nation also intervened to protect its interests in its existing reservation after the plaintiff publicly announced its intention to accept parkland surrounding the Powhatan Reservation as part of a settlement with the State of New Jersey. Recognizing the significance of this case to private landowners in the affected area, the New Jersey Land Title Association moved to act as amicus curiae. It submitted a substantial historical analysis of the issue dating back to the status and history of Indians in New Jersey prior to the establishment of the Brotherton Reservation.
During the course of its 40-page opinion, the Court made certain findings concerning the true successor-in-interest to the Indians for whom the Brotherton Reservation was created. An early reading of the decision, for now, appears to eliminate the substantial title risk to thousands of homeowners, businesses and the State of New Jersey. However, Mr. Veix believes that while the initial threat of a massive title claim has been avoided, the judge’s findings as to the true successor-in-interest to the Brotherton Reservation will surely lead to an appeal causing the issue to remain unsettled.
