Red Cliff Ojibwe Prevails over Bayfield County in Zoning Dispute

Here are the materials in Red Cliff Band of Lake Superior Chippewa Indians v. Bayfield County (W.D. Wis.):

1 Complaint

11 Tribe MSJ

12 Williams Affidavit

12-1 Exhibit A

12-2 Exhibit B

12-3 Exhibit C

12-4 Exhibit D

16 Opposition

20 Reply

21-1 Surreply

26-1 Tribe Post-Hearing Brief

31 DCT Order

Excerpt:

Plaintiff Red Cliff Band of Lake Superior Chippewa Indians seeks a declaratory judgment that enforcement of defendant Bayfield County’s zoning code on fee simple land held by tribal members within the Red Cliff Band Reservation violates federal Indian law. Before the court is plaintiff’s fully briefed motion for summary judgment (dkt. #10), on which the court heard oral argument on November 21, 2019. For the reasons that follow, the court will grant plaintiff’s motion for summary judgment, finding that it is not unmistakably clear that Congress intended to allow application of the County’s zoning regulations on land held by tribal members within the boundary of the reservation.