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.
The Wampanoag Tribe of Gay Head (Aquinnah) announced this week that
it will not appeal the landmark sovereignty case to the United States
Supreme Court.
The decision means that the Massachusetts Supreme Judicial Court
(SJC) decision from late last year will be allowed to stand, and the
case will now return to the superior court for a remedy.
Leaders of the Wampanoag Tribe of Gay Head (Aquinnah) now have until July 2 to decide whether they will try to convince the United States Supreme Court to hear their appeal of the much-watched case over tribal sovereignty.
The Massachusetts Supreme Judicial Court has denied a petition by the Wampanoag Tribe of Gay Head (Aquinnah) to hold a new hearing on the much-watched sovereignty case, closing the door on the last option for the Wampanoags at the state level.
In a one-sentence ruling issued late in the day on Wednesday, the state supreme court denied the motion by the tribe to rehear the case.
The tribe will now pursue an appeal to the United States Supreme Court.
Closing a chapter in the landmark sovereignty case, the Wampanoag
Tribe of Gay Head (Aquinnah) this week agreed to submit town permit
applications for the shed and pier it built on Menemsha Pond in 2001.
The announcement comes at a time of renewed cooperation and
communication between the town and tribe, and marks a significant moment
in the long-running case that has garnered widespread attention and
reached the Massachusetts Supreme Judicial Court.
Sitting in a circle on the floor of tribal headquarters in Aquinnah yesterday, roughly 20 town children were talking about the history of whaling when the conversation quickly turned to how excited they were about playing on a slide and possibly going swimming later in the afternoon.
Officials from both the town and Wampanoag Tribe of Gay Head (Aquinnah) are equally excited about the collaborative children summer program, which opened yesterday morning.
Roughly three decades ago a country lawyer from Maine unearthed a
forgotten 18th-century federal law and sparked a series of large Indian
land claims that led to federal recognition for a number of tribes
throughout the Northeast, including the Wampanoag Tribe of Gay Head
(Aquinnah).