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Conn. Appellate Court affirms dismissal of lawsuit by Schaghticoke tribe

The Connecticut Appellate Court has affirmed a lower court’s decision to dismiss a lawsuit the Schaghticoke tribe filed against the state in 2016.  The Schaghticoke Tribal Nation claimed that their land was unlawfully seized two centuries ago, against the state and national constitutions, and a breach of fiduciary duty.  WTNH-TV reported on the court’s advance release opinion, which is scheduled to be formally published today.  The court found that the case was right to be dismissed, citing that the state has sovereign immunity protecting it from lawsuits.  The opinion also says the Kent-based tribe didn’t point to any law that supported its claim that it is entitled to money.  The tribe’s lawsuit asked for $610 million in damages.  Connecticut lawmakers passed a resolution in 1754 that said the tribe could use the land, located along the Housatonic River, for cutting wood and timber.  But in 1801, a state-appointed overseer of the tribe asked the state to sell part of the land in order to settle a tribal debt. The sale was approved.  The appellate court ruled that the 1754 resolution granted the tribe permission to use the land and therefore had the right to take it away.

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