Free Answer to Amended Complaint - District Court of Connecticut - Connecticut

Case 2:92-cv-00738-JBA

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

GOLDEN HILL PAUGUSSETT TRIBE OF INDIANS, Plaintiff, v. M. JODI RELL, GOVERNOR OF THE STATE OF CONNECTICUT, ET AL., Defendants.

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Civil No. 2:92CV00738(JBA) CONSOLIDATED

October 30, 2006

ANSWER 1. Defendants admit the portion of paragraph 1 claiming that the action is brought to recover land but denies that defendants land is located in Bridgeport, Connecticut or is subject to the Indian Nonintercourse Act, 25 U.S.C. sec. 177. 2. Paragraph 2 is admitted. 3. Paragraph 3 is admitted to the extent that it claims that plaintiff's claim arises under federal law but defendants deny that plaintiff's claim is based on common law. 4. Defendants have no basis at present for forming a belief as to the truth or falsity of the claim that plaintiff has resided in land composing the present State of Connecticut since time immemorial and therefore leaves plaintiff to its proof. Defendants admit that the Paugussett Indians

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occupied the area of Trumbull Connecticut in the 17th Century. Defendants deny that plaintiff is an Indian tribe under federal law, or has been recognized as an Indian tribe under the laws of the State of Connecticut, or holds, as a tribe, reservations in Trumbull or Colchester, Connecticut. Defendants admit that land is held for the benefit of a group of Indians in Trumbull and Colchester under Connecticut General Statutes §4766(h)(b). 5. Defendant Charlotte Nyzio admits that she owns land in Trumbull Connecticut but denies that the lands are portions of the reservation or aboriginal lands of the plaintiff or of an Indian tribe. Defendants Robert DaLoia, Margaret DaLoia, Frederick Hawie, Cerritelli's Chevron Service Center, Inc., and Carol Moreau (Fusco) deny that they are currently the owners of the properties claimed by the Tribe. 6. Paragraph 6 is not addressed to these defendants. 7. Paragraph 7 is admitted. 8. Defendants admit that paragraph 8 quotes a portion of 25 U.S.C sec. 177, and admit the balance of the paragraph. 9. Defendants deny paragraph 9. 10.Defendants have no information on which to form a belief as to the truth or falsity of the allegations in Paragraph 10 that the nations of Europe claimed the exclusive legal right to extinguish Indian rights of occupancy and therefore leave plaintiff to its proof. Defendants admit that Congress

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assumed authority over Indian tribes with the effective date of the Constitution of the United States. 11.Defendants admit that the Paugussett Nation occupied the area now know as Trumbull, Connecticut and other areas in Southwestern Connecticut, prior to the arrival of European explorers in North America, but have no basis for admitting or denying the remaining allegations of paragraph 11 and leave plaintiff to its proof concerning these remaining allegations. 12.Defendants admit that settlers of English stock settled New Haven colony beginning in 1638 and had contact with Paugussetts soon after. The defendants have no basis for forming a belief as to when the colonists first had recorded contact with members of the Paugussett nation and therefore leave plaintiff to its proof. Defendants admit that the colony of Connecticut and the State of Connecticut reserved land for the use or benefit of Indians but deny that New Haven Colony, Connecticut Colony, or the State of Connecticut accorded plaintiff tribal status within the meaning of federal law. 13.Defendants have no knowledge as to the identity of the lands referred to in paragraph 13, or whether the lands were illegally taken from Indians, or whether the lands were returned by colonial authorities or by the State of Connecticut and therefore have no basis for forming any belief concerning the allegations and leave plaintiff to its proof. Defendants deny

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that colonial authorities or the State of Connecticut conferred tribal status on plaintiff within the meaning of federal law. 14. 15. Paragraph 14 is denied. Paragraph 15 is admitted. 16.The portion of paragraph 16 describing the history and general effect of the Indian Nonintercourse Act is admitted. Defendants deny that plaintiff is a tribe within the meaning of the Act or that the Act confirmed plaintiff's rights in the defendants' land. 17.Defendants admit the allegations of paragraph 17 except for the claim that plaintiff is a tribe within the meaning of federal law which defendants deny. 18.Defendants admit that Congress did not approve the grant of Dwight Morris, but the remaining allegations of the paragraph are claims of law to which no answer is required. 19.Paragraph 19 is admitted by defendant, CHARLOTTE NYZIO. 20. Defendants, ROBERT J. DALOIA and MARGARET DALOIA, admit that they were formerly the owners of the lands commonly known as 430 Shelton Rd, Trumbull, Connecticut, also being Map No. K8, Parcel 13, Lot 2 but deny that they are currently in possession, claim title to, or have an interest in said lands. MARGARET DALOIA died on or about April 22, 1996.

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21.Defendant, FREDERICK HAWIE, admits that he was formerly the owner of the lands commonly known as 450 Shelton Rd, Trumbull, Connecticut, also being Map No. K7, Parcel 43, Lot 4 but denies that he is currently in possession, claim title to, or has an interest in said lands. FREDERICK HAWIE died on or about May 27, 2000. 22. Paragraph 22 is not addressed to these defendants. 23.Defendant, CAROL M. MOREAU, admits that she was formerly the owner of the lands commonly known as 470 Shelton Rd, Trumbull, Connecticut, also being Map No. K7, Parcel 45, Lot 6 but denies that she is currently in possession, claims title to, or has an interest in said lands. Carol M. Fusco is also known as Carol M. Moreau. 24. Paragraph 24 is not addressed to these defendants. 25.Defendant, CERRITELLI'S CHEVERON SERVICE CENTER, INC., admits that it was formerly the owner of the lands commonly known as 408 Shelton Rd, Trumbull, Connecticut, also being Map No. K8, Parcel 10, but denies that it is currently in possession, claims title to, or has an interest in said lands 26.Paragraph 26 is not addressed to these defendants 27.Defendants admit paragraph 27. 28.Defendants deny paragraph 28. 29.Defendants deny paragraph 29. 30.Defendants deny paragraph 30.

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AFFIRMATIVE DEFENSE Plaintiffs are not entitled to an award of attorneys fees.

DEFENDANTS, CHARLOTTE NYZIO, ROBERT J. DALOIA, MARGARET DALOIA, FREDERICK HAWIE, CERRITELLI'S CHEVRON SERVICE CENTER, INC., and CAROL M. MOREAU BY:____________________________ Carolyn Wilkes Kaas Fed Ct No. ct 05495 Quinnipiac University School of Law Legal Clinic 275 Mount Carmel Avenue Hamden, CT 06518-1946 Phone: 203 582-3238 Fax: 203 582-3237

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CERTIFICATION I hereby certify that a copy of the foregoing was mailed in accordance with Rule 5(b) of the Federal rules of Civil Procedure on this day of October, 2006 to: Bernard Wishnia Roseland Professional Building 204 Eagle Rock Avenue Roseland, NJ 07068 William A. Wechsler Bailey & Wechsler 583 Old Slocum Road Hebron, CT 06248 Alexander H. Schwartz 3695 Post Road P.O. Box 701 Southport, CT 064 David G. Chabot Gerald L. Garlick Linda Clifford Hadley Krasow, Garlick & Hadley One State Street Hartford, CT 06103 Noel E. Hanf Wiggin & Dana One Century Tower 265 Church Street., P. O. Box 1832 New Haven, CT 06508-1832 Thomas Gugliotti

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Updike, Kelly & Spellacy, P.C. One State Street, P. O. Box 231277 Hartford, CT 06123-1277 Geoffrey A. Hecht Caplan, Hecht, Scanlon & Mendel 20 Trumbull Street, P.O. Box 9505 New Haven, CT 06534

Susan Quinn Cobb Attorney General's Office 55 Elm Street, P.O. Box 120 Hartford, CT 06141 Richard L. Albrecht Cohen & Wolf, P.C. 1115 Broad Street, P.O. Box 1821 Bridgeport, CT 06604 Henry Winiarski Jr. 941 Wethersfield Avenue Hartford, CT 06114-3137 John J. Kelly, Jr. Cantor, Floman, Gross, Kelly Amendola & Sacramone 378 Boston Post Road P. O. Box 966 Orange, CT 06477 Austin K. Wolf Cohen & Wolf, P.C. 115 Broad Street P.O. Box 1821 Bridgeport, CT 06604 Janet Janczewski The Southern Connecticut Gas Co. 885 Main Street, P.O. Box 1540 Bridgeport, CT 06604 Robert L. Berchem, Esq. Richard J. Burturla, Esq.

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Berchem, Moses & Devlin, P.C. 75 Broad Street Milford, CT 06460 Andrew M. Eschen U.S. Department of Justice Ben Franklin Station P.O. Box 663 Washington, DC 20044-6208 Attorney Judith A. Mauzaka Gerald T. Weiner, Esq. Weinstein, Weiner, Ignal, Vogel & Shapiro 350 Fairfield Ave., P.O. Box 9177 Bridgeport, CT 06601 Stuart A. Margolis 132 Temple Street New Haven, CT 06510 Howard R. Wolfe, Esq. Goldman, Gruder & Woods 125 Mason Street Greenwich, CT 06830 John Pirina, Jr., Esq. Law Offices of Arnaldo J. Sierra 215 Washington Street Hartford, CT 06106 John B. Hughes, Esq. U.S. Atty's Office of the Attorney General 157 Church Street, 23rd Floor P.O. Box 1824 New Haven, CT 06510 Kenneth Lenz 45 Old Tavern Road Orange, CT 06477-3433 Thomas E. Behuniak 44 Greenwood Circle Seymour, CT 06483

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Attorney Kimball Haines Hunt Hunt, Leibert, Chester & Jacobson, P.C. 50 Weston Street Hartford, CT 06120-4626 Mark T. Anastasi, Esq. City of Bridgeport Office of the City Attorney 999 Broad Street, 2nd Floor Bridgeport, CT 06604-4328 Michael Stanton, Esq. Hillis Dombroski, Knapsack & Hillis 129 Whitney Avenue New Haven, CT 06510 Kenneth M. Rozich, Esq. Law Firm of Edward D. Jacobs P. O. Box 1952 New Haven, CT 06509 Mark S. Puzzella, Esq. Attorney Andrea L. Studley Anthony M. Feeherry Goodwin, Proctor & Hoar Exchange Place, 2nd Floor Boston, MA 02109-2881 Paul Ruszczyk Highland Professional Center 408 Highland Avenue Cheshire, CT 06410 Mark F. Kohler Assistant Attorney General Office of the Attorney General 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Michael D. O'Connell, Esq. O'Connell, Flaherty & Attmore 280 Trumbull Street Hartford, CT 06103-3598

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David Michael Tilles Law Offices of Scott B. Clendaniel 300 Windsor Street PO Box 2138 Hartford, CT 06145-2138

BY:____________________________ Carolyn Wilkes Kaas Fed Ct No. ct 05495 Quinnipiac University School of Law Legal Clinic 275 Mount Carmel Avenue Hamden, CT 06518-1946 Phone: 203 582-3238 Fax: 203 582-3237