Shinnecocks, Southampton hold talks on legal dispute over planned travel plaza

The Southampton Town attorney met privately with lawyers for the Shinnecock Indian Nation last weekend to discuss "potential areas of settlement" of the escalating legal dispute over the tribe’s plans for a travel plaza-gasoline station in Hampton Bays.

The meeting was preliminary and informal, and there is no guarantee talks will end in a settlement, representatives for both sides said.

"While we did not agree on any particular specifics, we did agree to keep on communicating to see if we could utilize examples of other agreements that have taken place throughout the country between the respective nations, state and federal governments and the local governments, to see if we could reach some common ground on the issues involved," said Southampton Town Attorney Jim Burke, who toured the Shinnecock Powwow on Sunday.

A Shinnecock official said the town sent a letter earlier this month indicating an openness to start talks to potentially settle the case, which the town filed in state court in December, and which has led to a shutdown of construction for the gas station on the nation’s Westwoods property in Hampton Bays.

Shinnecock Indian Nation chairwoman Lisa Goree, in a statement, said the tribe had declined to agree to a meeting until it had received an outline in writing about the proposed scope of the meeting, which she said it has yet to receive. She acknowledged the tribe's attorneys met with Burke last week "as a courtesy," but she stressed they did "did not discuss any settlement proposal."

"During the meeting the Town attorney did not address the parameters of a meeting with the nation, but instead inquired about applicable Indian law. The nation’s lawyers directed his attention to relevant materials already filed in ongoing litigation and resources available through the federal government. Until the nation’s trustees authorize a meeting to discuss settlement, no such meeting can take place," Goree said. 

"We've always been open to any discussions," said Shinnecock vice chairman Lance Gumbs, saying an initial letter arrived from the town a month ago. "We've never shut the door on any discussions. There are certain nonstarters," he said, adding, "We've asked specifically for an outline of what they thought settlement would look like." 

The town also has filed a federal lawsuit in the District of Columbia against the U.S. Department of the Interior seeking clarification of its affirmation earlier this year that Westwoods is specially restricted, sovereign land held by the Shinnecocks as part of its territory from "time immemorial." The finding, after a three-year investigation by the federal government, clarifies that the state and local government have no jurisdiction over tribal land, the Shinnecock nation’s lawyers have argued in court papers.

The nation has subsequently filed suit in federal court disputing the town’s claim of authority over Westwoods, after the tribe sought to park cars there for a music festival. The escalating legal battles have sewn deeper acrimony, and the tribe this summer requested that its official seal, which has been in Town Hall since 2008, be returned to the nation. 

The talks last weekend were a sharp break from the acrimony. 

"I thought it was a healthy discussion and I very much appreciated their time," Burke said in an email. "We discussed a number of issues and how we may be able to work together moving forward."

Burke told Shinnecock lawyers that he had reached out to a person close to Gov. Kathy Hochul "to advocate for the Shinnecocks to have a part of one of the three downstate casino sites that the governor has been considering." The state is expected to award three licenses for a downstate casino next year.

"I think if the Shinnecocks could be part of one of the three sites, it would be something that I would hope the governor and others at the state level would see as adding tremendous value to the particular site under consideration while being a significant boost to the Nation," Burke wrote.

He noted that any possible agreement would have to involve the state Department of Transportation, which has separately sued the tribe over its digital billboards on Sunrise Highway and which is awaiting a court ruling on its filing of motions to hold tribal leaders and billboard companies in contempt of court.

Burke said the town still awaits word from the federal government regarding the Bureau of Indian Affairs ruling on the Westwoods property and what the implications are for the town, which has argued that it has zoning authority over the property. The Shinnecock nation disputes that claim.

Burke, in an interview, said the town’s position is that it wants clarity about what the BIA letter means. "At the end of the day, if the federal government says there’s no jurisdiction [for the town], we’re not looking to fight that, we’re looking for a clear determination one way or another," he said.

He said the town is "more than willing to reach out and speak with anyone from DOI/BIA who could provide the town with any further guidance and/or information on the matter."

Burke said he’s "cautiously optimistic that we may continue the conversations and that they may lead to a productive resolution."

Burke said he spoke with members of the Southampton Town Board in advance of the meeting, and "all on the board are willing to resolve it."

The meeting Sunday on the reservation lasted more than two hours. 

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.