Montauk Land Claim
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Montauk Land Claim
The Montauk Point land claim was a series of three lawsuits brought by Chief Wyandank Pharaoh, nephew of the Stephen Talkhouse who died in the same year (1879) that the tribe lost the last remaining vestige of their territory in the New York state courts, claiming Montauk Point State Park, Montauk Point on behalf of the Montaukett Indians, against the Long Island Rail Road (LIRR) and its predecessors in title. The first suit, ''Montauk Tribe of Indians v. Long Island R.R. Co.'', brought by Wyandank Pharaoh in the name of the tribe, was dismissed because the tribe had not been explicitly authorized by the state to sue in its own name. As recommended by the Appellate Division's opinion, the second suit, ''Johnson v. Long Island R.R. Co.'', was brought in the name of Eugene A. Johnson, a citizen and tribal member. The New York Court of Appeals disavowed the previous dicta of the Appellate Division, and held that neither an individual Indian nor a tribe could sue in court without e ...
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