United States Second Circuit

Organization that claimed to represent Indian tribe had standing to challenge development of burial grounds on First Amendment grounds, even if they are not descendents of tribe, if they currently conduct religious ceremonies on the land.

Appellate Information

• Argued 01/25/2001
• Decided 04/17/2001
• Published 04/17/2001

Judges

• OAKES, Senior Circuit Judge:, Before JOHN M. WALKER, Jr., Chief Judge, OAKES, and PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joshua A. Sabo, Albany, N.Y. (Donohue, Sabo, Varley & Armstrong, P.C., of counsel), for Plaintiffs-Appellants.


• For Appellees:
  
• Andrea Oser, Assistant Solicitor General, Albany, N.Y. (Eliot Spitzer, Attorney General;  Nancy A. Spiegel, Assistant Solicitor General;  and Peter H. Schiff, Senior Counsel, of counsel), for State Defendants-Appellees.