In a land-use decision that has potentially far-reaching
implications for every town on the Vineyard, a superior court judge
ruled last week that the Wampanoag Tribe of Gay Head (Aquinnah) cannot
be sued because of sovereign immunity.
If allowed to stand, the ruling by the Hon. Richard F. Connon has
the power to turn a landmark 1983 Indian land claims settlement on its
head.
A shed and a pier in the tiny town of Aquinnah were the fulcrum for court arguments this week that will ultimately test the question of whether the Wampanoag Tribe of Gay Head (Aquinnah) waived sovereign immunity when it signed a land claims settlement agreement in 1983.
The settlement agreement later led to federal recognition for the tribe.
It's in Rhode Island, where tempers are running hot in an
ongoing skirmish between the Narragansett Indian Tribe and state
attorney general over whether the tribe can sell tax-free tobacco.
It's in the Hamptons, where the Shinnecock Indian Nation has
begun to clear land for a casino, contravening local zoning and state
gaming laws.
The Aquinnah selectmen heard a distinct plea from their up-Island
neighbors this week to formally appeal the recent superior court
decision that found the Wampanoag Tribe of Gay Head (Aquinnah) cannot be
sued because of sovereign immunity.
Wampanoags Ask High Court to Reconsider Sovereignty Case
By JAMES KINSELLA Gazette Senior Writer
The Wampanoag Tribe of Gay Head (Aquinnah) has asked the
Massachusetts Supreme Judicial Court (SJC) to reconsider a case
freighted with long-term implications for the tribe's sovereignty
and land use powers.
The tribe's attorney, Douglas J. Luckerman of Lexington, filed
the motion last Thursday with the SJC, the highest court in
Massachusetts.
On Dec. 9, the SJC ruled against the tribe in the case.
In a much-awaited decision that has far-reaching implications for the Vineyard and the commonwealth, the Massachusetts Supreme Judicial Court ruled 5-1 yesterday that the Wampanoag Tribe of Gay Head (Aquinnah) must abide by state and town zoning rules.
The ruling reverses a superior court decision that found the Wampanoags cannot be sued because of sovereign immunity - and it preserves the integrity of a historic 1983 Indian land claims settlement agreement that was the crux of the case.
For the first time in 13 years, there will be a new chairman of the
Wampanoag Tribe of Gay Head (Aquinnah). Donald Widdiss, the first
chairman to lead the tribe after it gained federal recognition in 1987,
returns to the top post after ousting incumbent Beverly Wright, 132-105,
in the tribe's annual election on Sunday.
Beverly Wright was walking through the National Mall in Washington, D.C., last week during the opening ceremony for the National Museum of the American Indian when a familiar face caught her eye. As she made her way through a sea of thousands of strangers, she was suddenly confronted by a huge image of her friend, Berta Welch, staring back at her.
The Wampanoag Tribe of Gay Head (Aquinnah) is launching two large building projects on the 190 acres of tribal land surrounding their headquarters in Aquinnah.
Over the next year and a half, the tribe plans to construct a community health center and a health and human services facility. The new structures are part of the tribe's master plan - a wish list of meeting rooms, health clinics, playing fields and a campsite the Wampanoags hope to complete in the next five years.
