Melvin L. Phillips, Individually and as Trustee for Melvin L. Phillips, Sr., et al. v. Oneida Indian Nation
Can the federal court exercise jurisdiction over this case when the land is listed on a tax map and the tax rolls in the name of New York State?
If New York is involved is there jurisdiction in the federal courts?
Is the State of New York a necessary party because it is listed in the tax roles and the tax map as having an interest in the land?
Should there have been discovery to determine the role of New York State regarding this land?
Can the Oneida Indian Nation set aside a deed of the Orchard Party/Marble Hill Oneida (otherwise known as Orchard Hill Oneidas) land by the designated head of the Orchard Party, Melvin Phillips when he is placing these Lands in trust for the benefit of the residents of the Marble Hill and the Orchard Party?
Has this land been under the control of the Orchard Party since the filing of the map at 111a of the appendix in 1842?
Does the Oneida Indian Nation have any interest in this land?
Has federal recognition of this parcel as Orchard Party land this been admitted by the Plaintiff Oneida Indian Nation at paragraph 85a, paragraph 17 of the complaint?
Does federally filed map at page 111a of the appendix describing the "Orchard Party Reservation" and the land contested herein create federal recognition of the Orchard Party Reservation?
Is the Orchard Party a separate tribe from the Oneida Indian Nation?
Does the map at page 111a of the record purporting to show Orchard Party land create any rights of the Oneida Indian Nation in Lot 3?
Does the filed map of the 1842 sale to New York by the Orchard Party with the name of the Orchard Party on it showing Lot 3 to be Orchard Party land at page 111a of the record, give federal recognition of Lot 3 as Orchard Party Land or Oneida Indian Land?
Has the Orchard Party and the Oneida Indian Nation merged?
Does the 2013 Oneida Indian Land claim Settlement give the Oneida Indian Nation title to the contested land when:
1. the land is historically recognized and federally recognized as land of the of the Orchard Party by said map and treaty
2. The settlement with New York has never been federally approved but
3. Orchard Party never participated in said settlement
4. the treaty is not congressionally approved
5. It contains a clause stating that the land claim cannot be used a precedent
Can the 2013 Oneida Land claim Settlement transfer land federally registered as an Indian reservation without congressional approval?
Is construction of the Oneida Indian Nation of the 2013 Oneida Land claim settlement precluded by the express terms of the 2013 Oneida Nation Settlement Agreement under the Procurement clause that states the settlement agreement is restricted to settling the land claim?
Has Congress dissolved the Orchard Party?
Did the lower courts accept the pleadings of the Orchard Party Defendant as true in resolving the claim against them?
Did the lower courts consider the admissions of the Defendant when deciding the case?
Is discovery needed to obtain the full history of both tribes from the Bureau of Indian Affairs and the State of New York rather than just relying on the pleadings?
Did the court accept the denials of the Defendant Orchard Party as true or did they ignore them?
Did the Oneida Indian Nation acquire title without the consent of the Orchard Party by:
1. the 2013 Oneida Land claim Settlement Agreement or
2.
Can the federal court exercise jurisdiction over this case when the land is listed on a tax map and the tax rolls in the name of New York State?