context: The state argues that plaintiff's claims are barred by the doctrine of laches. See New York State's Memo at 8. Although, as discussed above, plaintiff asserts that there are no time-bar defenses to this action, and that application of such a defense would be violative of both the separation of powers doctrine and the Supremacy Clause, this Court has already determined that application of a statute of limitations is proper and bars plaintiff's claims. However, separate and apart from the statute of limitations, this court finds that plaintiff's claims would be additionally barred by both laches and public policy.
citation_a.signal: but see
citation_a.identifier: 105 S.Ct. 1256, 1256-57, n. 16
citation_a.parenthetical: suggesting that application of laches to bar Indian land claims is inappropriate
citation_a.sentence: See County of Oneida, 470 U.S. at 261-73, 105 S.Ct. at 1265-72 (Stevens, J., dissenting) (wherein Justice Stevens offered a detailed explanation of, and approval to, application of the doctrine of laches to ancient land claims); but see, id. at 244-45, n. 16, 105 S.Ct. at 1256-57, n. 16 (suggesting that application of laches to bar Indian land claims is inappropriate) (citations omitted).
citation_b.signal: see
citation_b.identifier: 470 U.S. 261, 261-73
citation_b.parenthetical: wherein Justice Stevens offered a detailed explanation of, and approval to, application of the doctrine of laches to ancient land claims
citation_b.sentence: See County of Oneida, 470 U.S. at 261-73, 105 S.Ct. at 1265-72 (Stevens, J., dissenting) (wherein Justice Stevens offered a detailed explanation of, and approval to, application of the doctrine of laches to ancient land claims); but see, id. at 244-45, n. 16, 105 S.Ct. at 1256-57, n. 16 (suggesting that application of laches to bar Indian land claims is inappropriate) (citations omitted).