city sherrill new york oneida indian nation new york et argued january decided march respondent oneida indian nation new york oin tribe direct descendant oneida indian nation oneida nation whose aboriginal homeland nation birth comprised six million acres central new york state state see oneida indian nation county oneida oneida state oneida nation entered treaty whereby oneidas ceded lands state retained reservation acres use see county oneida oneida indian nation oneida ii federal government initially pursued policy protective new york indians congress passed first indian trade intercourse act nonintercourse act barring sales tribal land without government acquiescence treaty canandaigua acknowledge oneidas reservation guaranteed free use enjoyment reserved territory act stat art iii nevertheless new york continued purchase reservation land oneidas although washington administration objected later administrations made even pretense interfering new york purchases ultimately pursued policy designed open reservation lands white settlers remove tribes westward pressured removal policy many oneidas left state stayed continued diminish number sold remaining lands new york new york oneidas retained acres state although early litigation oneida land claims trained monetary recompense past deprivations oneidas ultimately shifted suits local governments filed federal test case two new york counties alleging cession acres state violated nonintercourse act thus terminate oneidas right possession sought damages measured fair rental value years acres ancestral land owned occupied two counties district affirmed appeals dismissed complaint failure state federal claim reversed oneida holding federal jurisdiction properly invoked oneidas prevailed lower courts held inter alia oneidas maintain claim compensated violation possessory rights based federal common law oneida ii reserved question whether equitable considerations limit relief available present day oneida indians oin purchased separate parcels land petitioner city sherrill new york properties contained within historic oneida reservation last possessed oneidas tribal entity year oneida nation transferred parcels one members sold land properties thereafter remained hands oin reacquired transactions two centuries governance area properties located provided state county municipal units according census area population nevertheless parcels lie within boundaries reservation originally occupied oneidas oin maintained properties tax exempt accordingly refused pay property taxes assessed sherrill sherrill initiated eviction proceedings oin brought suit contrast oneida ii involved demands monetary compensation oin sought equitable relief prohibiting currently future imposition property taxes district concluded parcels taxable second circuit affirmed oin resists payment property taxes ground oin acquisition fee title discrete parcels historic reservation land revived oneidas ancient sovereignty piecemeal parcel regulatory authority newly purchased properties longer resides sherrill held given longstanding distinctly character central new york inhabitants regulatory authority area constantly exercised state counties towns years oneidas long delay seeking judicial relief parties standards federal indian law federal equity practice preclude tribe unilaterally reviving ancient sovereignty whole part parcels issue oneidas long ago relinquished governmental reins regain purchases current titleholders pp rejects theory oin oneida ii recognized oneidas aboriginal title ancient reservation land tribe acquired specific parcels issue open market unified fee aboriginal title may assert sovereign dominion parcels oneidas sought money damages oneida ii see similar justifiable expectations grounded two centuries new york exercise regulatory jurisdiction recently uncontested oin merit heavy weight wrongs oin complains occurred early years republic whereas past two centuries new york local units continuously governed territory oneidas seek regain possession aboriginal lands decree oin acquire properties question assert unification theory ground demand exemption parcels local taxation long lapse time oneidas seek revive sovereign control equitable relief attendant dramatic changes character properties preclude oin gaining disruptive remedy seeks pp distance present day oneidas long delay seeking equitable relief new york local units developments sherrill spanning several generations evoke doctrines laches acquiescence impossibility render inequitable piecemeal shift governance suit seeks unilaterally initiate long recognized passage time preclude relief example doctrine laches focuses one side inaction legitimate reliance bar claims equitable relief see badger badger wall moreover long acquiescence may controlling effect exercise dominion sovereignty territory ohio kentucky cases dictate result provide helpful point reference party belatedly asserts right present future sovereign control territory longstanding observances settled expectations prime considerations two centuries since oneidas last exercised regulatory control properties held free local taxation revival sovereign status given extraordinary passage time dishonor historic wisdom value repose oneida ii unilateral reestablishment present future indian sovereign control even land purchased market price disruptive practical consequences similar led yankton sioux initiate impossibility doctrine sherrill surrounding area today overwhelmingly populated checkerboard state tribal jurisdiction created unilaterally oin behest seriously burde administration state local governments adversely affect landowners neighboring tribal patches hagen utah oin may unilaterally reassert sovereign control remove parcels local tax rolls little prevent initiating new generation litigation free parcels local zoning regulatory controls protect landowners area see felix recognizing practical concerns congress provided mechanism acquisition lands tribal communities takes account interests others stakes area governance well section provides proper avenue oin reestablish sovereign authority territory last held oneidas years ago pp question damages tribe ancient dispossession resolved oneida ii issue leaves undisturbed oneida ii holding reversed remanded ginsburg delivered opinion rehnquist scalia kennedy souter thomas breyer joined souter filed concurring opinion stevens filed dissenting opinion city sherrill new york petitioner oneida indian nation new york et al writ certiorari appeals second circuit march justice ginsburg delivered opinion case concerns properties city sherrill new york purchased oneida indian nation new york oin tribe separate parcels land question contained within oneidas reservation last possessed oneidas tribal entity two centuries governance area properties located provided state new york county municipal units county oneida oneida indian nation oneida ii held oneidas stated triable claim damages county oneida wrongful possession lands conveyed new york state violation federal law instant action oin resists payment property taxes sherrill ground oin acquisition fee title discrete parcels historic reservation land revived oneidas ancient sovereignty piecemeal parcel consequently tribe maintains regulatory authority oin newly purchased properties longer resides sherrill decision recognized oneidas maintain federal claim damages ancient wrongdoing national state governments complicit today decline project redress tribe present future thereby disrupting governance central new york counties towns generations passed owned developed area composed tribe historic reservation least since middle years century oneidas resided elsewhere given longstanding distinctly character area inhabitants regulatory authority constantly exercised new york state counties towns oneidas long delay seeking judicial relief parties hold tribe unilaterally revive ancient sovereignty whole part parcels issue oneidas long ago relinquished reins government regain purchases current titleholders oin federally recognized indian tribe direct descendant oneida indian nation oneida nation one six nations iroquois powerful indian tribe northeast time american revolution birth oneida nation aboriginal homeland comprised six million acres central new york ibid oneida indian nation county oneida oneida years revolutionary war state new york came increasingly heavy pressure open oneidas land settlement oneida ii reflective pressure new york state oneida nation entered treaty fort schuyler payments money kind oneidas ceded new york lands app pet cert vast area conveyed oneidas retained reservation acres oneida ii use cultivation app pet cert internal quotation marks omitted oin contest legitimacy fort schuyler conveyance boundaries reserved area federal government initially pursued policy protective new york indians undertaking secure tribes rights reserved lands see oneida ii oneida cohen handbook federal indian law ed cohen handbook federal indian law ed hereinafter handbook congress passed first indian trade intercourse act commonly known nonintercourse act act july ch stat periodically renewed see oneida remaining substantially force today see rev stat act bars sales tribal land without acquiescence federal pursuit protective policy entered treaty canandaigua six iroquois nations act stat treaty acknowledge oneida reservation established treaty fort schuyler guaranteed oneidas free use enjoyment reserved territory art ii oneidas turn agreed never claim lands within boundaries art iv new york state nonetheless continued purchase reservation land oneidas washington administration objected new york negotiations buy acres oneidas reservation without federal supervision oneida ii later administrations however made even pretense interfer ing state attempts negotiate treaties oneidas land cessions oneida nation ind cl see also campisi oneida treaty period oneida indian experience two perspectives campisi hauptman eds hereinafter campisi see generally gunther new york acquired much land indians treaties perhaps many participated though apparently known objected national government omitted federal government policy soon veered away protection new york east coast reservations lieu commitment made treaty canandaigua pursued policy designed open reservation lands white settlers remove tribes westward getches wilkinson williams cases materials federal indian law ed louisiana purchase federal policymakers began debate tactics inducing eastern indians exchange remaining ancestral lands permanent territory recounted indian claims commission early federal indian agents new york state simply fail check new york land purchases took active role encouraging removal oneidas west oneida nation ind cl see noting federal agents deeply involved plans bring removal oneidas state acquisition oneida land beginning federal government accelerated efforts remove indian tribes east coast homelands handbook pressured removal policy leave ancestral lands new york oneidas moved wisconsin horsman wisconsin oneidas preallotment years oneida indian experience supra oneidas entered treaty buffalo creek envisioned removal remaining new york indians including oneidas kansas act stat time oneidas sold acres original reservation six hundred members resided wisconsin remained new york state stat sched article buffalo creek treaty oneidas agreed remove kansas lands set aside soon ould make satisfactory arrangements new york state purchase lands oneida condition treaty ratification senate directed federal commissioner fully fairly explai terms signatory tribe band new york indians commissioner ransom gillet originally negotiated treaty terms oneidas met assured forced move remain lands reside ch ose remain forever app emphases added oneidas stayed new york proclamation buffalo creek treaty continued diminish number sold remaining lands state new york indians cl hundred oneidas moved canada oneidas remained new york state introduction part oneida indian journey new york wisconsin pp hauptman mclester eds new york oneidas retained less acres state campisi acreage dwindled ultimately acres continued held oneidas ibid eventually abandoned efforts remove new york indians kansas federal government restored kansas lands public domain sold thereafter new york indians early litigation concerning oneidas land claims trained monetary recompense past deprivations agreed sued disposing kansas lands settlers oneidas new york shared resulting award damages see new york indians new york indians cl identifying tribes qualified share distribution sum recovered seeking compensation half century later new york wisconsin oneidas initiated proceedings indian claims commission oneida indian nation county oneida sought redress lands new york acquired treaties cession concluded oneidas alleged claims commission agreed nonintercourse act successor statutes federal government fiduciary duty assure oneidas received new york conscionable consideration lands question oneida nation ind cl claims affirmed commission core determination held duty extended land transactions government knowledge oneida nation cl accordingly claims directed commission determine whether government actually constructively knew land transactions issue remand commission found federal government actual constructive knowledge treaties liable oneidas received conscionable consideration oneida nation ind cl commission anticipated proceedings determine federal government ultimate liability oneidas decided pursue different course oneidas request claims dismissed proceedings see oneida nation cl per curiam lieu concentrating recovery oneidas pursued suits local governments oneidas new york wisconsin asserting jurisdiction instituted test case new york counties oneida madison alleged cession acres new york state see supra violated nonintercourse act thus terminate oneidas right possession applicable federal treaties statutes initial endeavor gain compensation governmental units oneidas confined demand relief sought damages measured fair rental value years acres ancestral land owned occupied two counties district affirmed appeals dismissed oneidas complaint failure state claim arising federal law reversed determination holding federal jurisdiction properly invoked oneida next round oneidas prevailed lower courts review oneida ii rejected various defenses counties presented might barred action damages held oneidas maintain claim compensated violation possessory rights based federal common law upholding judgment appeals regarding counties liability federal common law noted question whether equitable considerations limit relief available present day oneida indians addressed appeals presented accordingly express ed opinion whether considerations ight relevant final disposition case ibid remand district entered final judgment fixed amount damages payable counties allowing setoffs counties improvements land ordered recoveries oneida county madison county plus prejudgment interest oneida indian nation county oneida supp ndny litigation resumed action held abeyance pendency test case revitalized action oneidas sought damages oneida madison counties period spanning years amended complaint alleged series agreements concluded years approximately acres oneidas ancestral land unlawfully conveyed new york oneida indian nation county oneida ndny oneidas sought enlarge action demanding recovery land occupied since attempted join defendants inter alia approximately private landowners obtain declaratory relief allow oneidas eject landowners district refused permission join landowners late day resting part oneidas bad faith undue delay found proposed amendment futile regard emphasized sharp distinction existence federal common law right indian homelands right recognized oneida ii vindicate right distinction must drawn stated two centuries since alleged wrong development every type imaginable ongoing referring practical concerns blocked restoration indians former lands found high time transcend theoretical ibid cases genre observed cr ied pragmatic approach ibid district therefore excluded imposition liability private landowners brings us present case concerns parcels land city sherrill located oneida county new york according census population area american indians represent less city sherrill population less oneida county population dept commerce census bureau census population housing summary population housing characteristics new york table july available http visited mar available clerk case file oin owns approximately acres land scattered throughout counties oneida madison representing less counties total area oin predecessor oneida nation transferred parcels issue one members sold land properties thereafter remained hands oin acquisitions transactions see oin operates commercial enterprises parcels gasoline station convenience store textile facility parcels lie within boundaries reservation originally occupied oneidas oin maintained properties exempt taxation accordingly refused pay assessed property taxes city sherrill initiated eviction proceedings state oin sued sherrill federal contrast oneida ii involved demands monetary compensation oin sought equitable relief prohibiting currently future imposition property taxes oin also sued madison county seeking declaration tribe properties madison tax exempt litigation involved welter claims counterclaims relevant district concluded parcels land owned tribe sherrill madison taxable see supp ndny divided panel second circuit affirmed writing majority judge parker ruled parcels qualify indian country term defined fall within boundaries reservation set aside canandaigua treaty indian use federal supervision see supra held buffalo creek treaty demonstrate clear congressional purpose disestablish diminish oneida reservation see supra finally found legal requirement federally recognized tribe demonstrate continuous existence order assert claim reservation land case held record demonstrated oin continuous tribal existence judge van graafeiland dissented majority primary holding view record raised substantial question whether oin forfeited aboriginal rights land abandoned tribal existence discernable period time granted city sherrill petition writ certiorari reverse judgment appeals ii oin argue oneida ii recognized oneidas aboriginal title ancient reservation land tribe acquired specific parcels involved suit open market unified fee aboriginal title may assert sovereign dominion parcels brief respondents brief amicus curiae oneidas came years ago oneida ii sought money damages see also recognizing suit action law reserved another day question whether equitable considerations limit relief available oneidas supra substantive questions whether plaintiff right defendant duty different questions remedial questions whether remedy preferred measure remedy dobbs law remedies see also navajo tribe indians new mexico distinction claim substantive right remedy tandards federal indian law federal equity practice led district litigation revived oneida ii see supra reject oin plea ejectment private landowners oneida indian nation internal quotation marks omitted ibid sharp distinction existence federal common law right indian homelands vindicate right action oin seeks declaratory injunctive relief recognizing present future sovereign immunity local taxation parcels land tribe purchased open market properties subject state local taxation reject unification theory oin hold standards federal indian law federal equity practice preclude tribe rekindling embers sovereignty long ago grew appropriateness relief oin seeks must evaluated light long history state sovereign control territory early largely accepted indifferent new york governance land question validity vel non oneidas sales state see generally gunther attributing much confusion conflict history new york indian affairs federal inattention ambivalence fact policy practice much early century designed dislodge east coast lands indian possession see supra moreover properties involved greatly increased value since oneidas sold years ago notably lately oneidas sought regain ancient sovereignty land converted wilderness become part cities like sherrill see supra oneida ii stevens dissenting part observed different related context diminishment indian reservation longstanding assumption jurisdiction state area population land use may create justifiable expectations rosebud sioux tribe kneip accord hagen utah jurisdictional history current population situation demonstrat practical acknowledgment reservation diminishment contrary conclusion seriously disrupt justifiable expectations people living area internal quotation marks omitted similar justifiable expectations grounded two centuries new york exercise regulatory jurisdiction recently uncontested oin merit heavy weight wrongs oin complains action occurred early years republic past two centuries new york county municipal units continuously governed territory oneidas seek regain possession aboriginal lands decree see supra oin acquire properties question assert unification theory ground demand exemption parcels local taxation long lapse time oneidas seek revive sovereign control equitable relief attendant dramatic changes character properties preclude oin gaining disruptive remedy seeks principle passage time preclude relief deep roots law recognized prescription various guises well established laches doctrine focused one side inaction legitimate reliance may bar claims equitable relief see badger badger wall ourts equity act upon inherent doctrine discouraging peace society antiquated demands refuse interfere gross laches prosecuting claim long acquiescence assertion adverse rights internal quotation marks omitted wagner baird bowman wathen doctrine equitable bar lapse time distinctly announced chancellors england ireland regarded settled law applied doctrine laches felix patrick bar heirs indian establishing constructive trust land indian ancestor conveyed violation statutory restriction nearly three decades conveyance lawsuit large part tract ha platted recorded addition city omaha sold purchasers case stands present observed justice requires law demand repayment value illegally conveyed scrip also recognized disproportion value scrip issued indian value property heirs sought acquire million sort changes value character land noted felix present even greater magnitude suit cf galliher cadwell aches mere matter time principally question inequity permitting claim enforced inequity founded upon change condition relations property long acquiescence may controlling effect exercise dominion sovereignty territory ohio kentucky rule never doubted long acquiescence one state possession territory another exercise sovereignty dominion conclusive latter title rightful authority quoting michigan wisconsin massachusetts new york long acquiescence possession territory exercise dominion sovereignty may controlling effect determination disputed acquiescence doctrine depend original validity boundary line rather attaches legal consequences acquiescence observance boundary california nevada relationship need exist origins boundary legal consequences acquiescence boundary longstanding acquiescence california nevada give boundary lines force law whether federal authorities power draw cases dictate result provide helpful point reference party belatedly asserts right present future sovereign control longstanding observances settled expectations prime considerations dispute two centuries since oneidas last exercised regulatory control properties held free local taxation revival sovereign status given extraordinary passage time dishonor historic wisdom value repose oneida ii stevens dissenting part finally recognized impracticability returning indian control land generations earlier passed numerous private hands see yankton sioux tribe impossible rescind cession restore indians former rights lands opened settlement large portions possession innumerable innocent purchasers felix observing declining award equitable relief hat wild land thirty years ago intersected streets subdivided blocks lots largely occupied persons bought upon strength patrick title erected buildings permanent character district litigation dormant pendency oneida ii see supra rightly found pragmatic concerns restoring indian sovereign control land magnified exponentially development every type imaginable ongoing two centuries oneida indian nation case appeals concluded impossibility doctrine application oin acquired land open market seek uproot current property owners unilateral reestablishment present future indian sovereign control even land purchased market price disruptive practical consequences similar led yankton sioux initiate impossibility doctrine city sherrill oneida county today overwhelmingly populated see supra checkerboard alternating state tribal jurisdiction new york state created unilaterally oin behest seriously burde administration state local governments adversely affect landowners neighboring tribal patches hagen oin may unilaterally reassert sovereign control remove parcels local tax rolls little prevent tribe initiating new generation litigation free parcels local zoning regulatory controls protect landowners area see felix opinion stevens discussing tribal controls post stevens dissenting noting balance interests supports continued state zoning jurisdiction recognizing practical concerns congress provided mechanism acquisition lands tribal communities takes account interests others stakes area governance well title authorizes secretary interior acquire land trust indians provides land shall exempt state local taxation see cass county leech lake band chippewa indians regulations implementing sensitive complex interjurisdictional concerns arise tribe seeks regain sovereign control territory approving acquisition secretary must consider among things tribe need additional land purposes land used impact state political subdivisions resulting removal land tax rolls urisdictional problems potential conflicts land use may arise cfr section provides proper avenue oin reestablish sovereign authority territory last held oneidas years ago sum question damages tribe ancient dispossession issue case therefore disturb holding oneida ii however distance present day oneidas long delay seeking equitable relief new york local units developments city sherrill spanning several generations evoke doctrines laches acquiescence impossibility render inequitable piecemeal shift governance suit seeks unilaterally reasons stated judgment appeals second circuit reversed case remanded proceedings consistent opinion ordered city sherrill new york petitioner oneida indian nation new york et al writ certiorari appeals second circuit march justice souter concurring join opinion one qualification goes appropriateness considering long dormancy claim tribal authority parcels question basis hold oneida indian nation immune taxing authority local government tribe claim whether affirmative defensive see ante one territorial sovereign status entitled recognition territorial state sovereign subdivisions claim present sovereign status turns background law provisions treaties also tribe behavior long period time absence tribe tribal members particular lots land tribe failure assert sovereignty tribe inaction therefore ignored affecting remedy considered later rather central claims right made contending parties since subject inaction expressly raised separate question presented review see ante question whether order reargument dealing think unnecessary issue addressed side argument prior submission case notwithstanding terms questions review granted city sherrill new york petitioner oneida indian nation new york et al writ certiorari appeals second circuit march justice stevens dissenting case involves indian tribe claim tax immunity property located within reservation implicate tribe immunity forms state jurisdiction concern tribe regulatory authority property owned within reservation purposes decision assumes district appeals correctly resolved major issues fact law parties debated courts city sherrill city presented us petition certiorari thus accept courts conclusions oneida indian nation new york tribe federally recognized indian tribe original oneida nation treaty fort schuyler created acre reservation oneida treaty canandaigua established tract federally protected reservation reservation disestablished diminished treaty buffalo creek undisputed city seeks collect property taxes parcels land owned tribe located within historic boundaries reservation since outset litigation common ground tribe properties indian country city jurisdiction tax without express congressional reasons set forth length opinions district appeals abundantly clear land owned tribe within boundaries reservation qualifies indian country without questioning accuracy conclusion today nevertheless decides fact reservation occupied governed long period time precludes tribe rekindling embers sovereignty long ago grew cold ante novel holding judgment even unwise holding county oneida oneida indian nation tribe may recover damages alleged illegal conveyance lands occurred case argued remedy ancient wrong established trial provided congress judges seeking rewrite history late date opinion dissenting part present case tribe attempting collect damages eject landowners remedy wrong occurred centuries ago rather invoking ancient immunity city attempts tax reservation lands without benefit relevant briefing parties ventured legal territory belongs congress decision today war least two bedrock principles indian law first congress power diminish disestablish tribe second core incident tribal sovereignty tribe enjoys immunity state local taxation reservation lands immunity explicitly revoked far revoking immunity congress specifically reconfirmed respect reservation lands new york ignoring principles done congress may effectively proclaimed diminishment tribe reservation abrogation elemental right tax immunity precedents whether wise policy honor tribe tax immunity question congress decide justification lawmaking decision relies heavily fact tribe seeking equitable relief form injunction distinction law equity unpersuasive outcome case turns narrow legal issue easily naturally raised tribe defense state collection proceeding fact scenario actually occurred case city brought eviction proceeding tribe based refusal pay property taxes proceeding removed federal consolidated present action district granted summary judgment tribe appeals affirmed basis tribal tax either defensive use tax immunity still available tribe remand see ante reliance distinctions law equity substantive rights remedies see ante indefensible event matter equity believe principle passage time preclude relief ante applied sensibly even hand seems perverse hold reliance interests new yorkers predicated almost two centuries inaction tribe foreclose tribe enforcement judicially created damages remedies ancient wrongs somehow mandate forfeiture tribal immunity consistently uniformly protected throughout history case tribe reacquired reservation land peaceful lawful manner fully respected interests innocent landowners purchased land open market deny tribe right tax immunity fundamental tribal rights least disruptive sovereigns inequitable also irreconcilable principle congress may abrogate extinguish tribal sovereignty decide case basis speculation may happen future litigation regulatory answer question whether city may require tribe pay taxes property within reservation pellucidly clear settled law may accordingly respectfully dissent footnotes doctrine discovery county oneida oneida indian nation oneida ii fee title lands occupied indians colonists arrived became vested sovereign first discovering european nation later original oneida indian nation county oneida oneida original fee title indian lands right purchase indians state see oneida indian nation new york adoption constitution new york state acquired vast tracts land indian tribes treaties independently negotiated without national government participation see gunther governmental power new york indian lands reassessment persistent problem relations buffalo rev hereinafter gunther terms nonintercourse act governed indian lands within boundaries original act provided hat sale lands made indians nation tribe indians within shall valid person persons state whether right lands unless shall made duly executed public treaty held authority act july ch stat emphasis added prior decisions state regard ith adoption constitution indian relations became exclusive province federal law oneida ii citing oneida see generally clinton hotopp judicial enforcement federal restraints alienation indian land origins eastern land claims rev discussing indian relations articles confederation constitution contrast boylan involved land oneidas never left boylan concerned conveyances individual oneida indians tract reservation land despite conveyances band oneidas continued live land gained order ejecting remaining oneidas brought suit behalf oneidas reclaim land second circuit observed oneidas actually possession acres question occupied land continuously century given occupation absence federal government approval individual oneidas conveyances second circuit upheld district decree restoring ejected indians possession another lawsuit commenced oneidas sought state new york others damages recovery land new york purchased oneidas oneida indian nation second circuit affirmed district dismissal action holding treaties new york oneidas years articles confederation operative require assent congress see supra titled indian country defined provides relevant part term country means land within limits indian reservation jurisdiction government acknowledged brief oneida ii equitable considerations unaddressed appeals suit might limit relief available oneidas brief amicus curiae county oneida oneida indian nation pp dissent suggests compatibly today decision tribe may assert tax immunity defensively eviction proceeding initiated sherrill post disagree equitable cast relief sought remains whether asserted affirmatively defensively resolve case considerations discretely identified parties briefs question equitable considerations limiting relief available oin reserved oneida ii inextricably linked thus fairly included within questions presented see rule statement question presented deemed comprise every subsidiary question fairly included therein ballard commissioner slip paul see generally stern gressman shapiro geller practice ed questions explicitly mentioned essential analysis decisions correct disposition issues treated subsidiary issues fairly comprised question presented internal quotation marks omitted recognized congress divest reservation land diminish boundaries solem bartlett see also defining indian country south dakota yankton sioux tribe nly congress alter terms indian treaty diminishing need decide today whether contrary second circuit determination treaty buffalo creek disestablished oneidas reservation sherrill argues see brief petitioner oneida ii stevens dissenting part serious question whether oneida abandon claim aboriginal lands new york accepted treaty buffalo creek relief oin seeks recognition present future sovereign authority remove land local taxation unavailable long lapse time new york governance remained undisturbed future disruption relief engender citing montana blackfeet tribe kansas indians wall new york indians wall dissent notes congress may revoke status indian reservation land post cases however concerned land indians continuously occupied see brief respondents montana blackfeet tribe noting indians occupation reservation kansas indians concerning indians removed residing kansas lands statehood new york indians taxation state interfer possession occupation exercise authority indians residing reservation oneidas last occupied parcels issue see supra dissent additionally refers cass county leech lake band chippewa indians post case held indian tribe revive status former reservation lands congress expressly removed federal protection reacquiring lands open market fact oin brought action promptly acquiring properties overcome oneidas failure reclaim ancient prerogatives earlier lessen problems associated upsetting new york sovereignty area oin claim concerns grave ancient wrongs relief available must commensurate historical reality bears repetition generations oneidas dominantly complained new york local units mis treatment hands government oneida ii stevens dissenting part see supra tribal entities already sought free historic reservation lands purchased open market local regulatory controls see tribe town aurelius new york npm wl ndny tribe seeks declaratory injunctive relief avoid application municipal zoning land use laws acres cayuga indian nation village union springs supp ndny granting declaratory injunctive relief tribe block application zoning regulations property located within yards school renovation tribe use gaming facility justice stevens vigorously urging application laches block proceedings oneida ii faults rejecting claim presented post majority indicated oneida ii application nonstatutory time limitation action damages novel cf stevens dissenting part acknowledging application traditional equitable defense action law something novelty similar novelty exists specific relief oin seeks project redress tribe present future claim sovereign prerogative asserted oin hold survive eternally stevens dissenting part rather claim best left repose footnotes district noted argument made finding made properties question indian country nonetheless taxable supp ndny see south dakota yankton sioux tribe congress possesses plenary power indian affairs including power modify eliminate tribal rights accordingly congress alter terms indian treaty diminishing reservation intent must citations omitted solem bartlett block land set aside indian reservation matter happens title individual plots within area entire block retains reservation status congress explicitly indicates otherwise see montana blackfeet tribe noting never wavered view state attempt tax indian reservation land illegal inconsistent indian title citing kansas indians wall new york indians wall cass county leech lake band chippewa indians consistently declined find congress authorized taxation unless made intention unmistakably clear providing new york state courts jurisdiction civil actions indians congress emphasized statute construed subjecting lands within indian reservation state new york taxation state local purposes see oneida indian nation county oneida text history new legislation replete indications congressional consent necessary validate exercise state power tribal indians significantly new york unilaterally deprive indians tribal lands authorize deprivations civil jurisdiction law make assurance doubly sure contains proviso explicitly exempts reservations state local taxation moreover federal state officials agreed bills retain ultimate federal power indians federal guardianship particularly respect property rights quoting gunther governmental power new york indian lands reassessment persistent problem relations buffalo rev see additionally extent dealing genuine equitable defenses defenses subject waiver city sought add defense laches answer district refused ground futility supp appeals upheld determination city failed preserve point petition certiorari brief merits city similarly failed preserve impossibility defense submissions indication city ever raised acquiescence defense proceedings necessary engage speculation recognize majority fear opening pandora box tribal powers greatly exaggerated given state strong interest zoning land without exception small number properties arranged checkerboard fashion balance interests obviously supports retention state jurisdiction sphere see california cabazon band mission indians exceptional circumstances state may assert jurisdiction activities tribal tribe acknowledges brief respondents credibly assert right tax exercise regulatory authority reservation land owned see atkinson trading shirley strate contractors denying tribal jurisdiction part tribe assert landowner right occupy exclude land question see also brendale confederated tribes bands yakima nation opinion stevens tribe longer power exclude nonmembers large portion area also lacks power define essential character territory zoning