Western District of Wisconsin – Page 5

1) Whether Congress’ waiver of the federal government’s sovereign immunity, under § 313(a) of the CWA, for enforcement of local stormwater management ordinances, for “any property” over which it has “jurisdiction,” applies to land taken into trust pursuant to 25 U.S.C. § 465.

2) Whether lands acquired by an Indian tribe pursuant to 25 U.S.C. § 465, within its former reservation boundaries are, removed from state jurisdiction because, as the Seventh Circuit ruled, they are reclassified as “Indian Country.”

Lower court materials here.

Seventh Circuit Holds Oneida Owes No Stormwater Fees to Village of Hobart

October 21, 2013October 21, 2013Matthew L.M. Fletcher5 Comments

Here are the materials in Oneida Tribe of Indians of Wisconsin v. Village of Hobart:

CA7 Opinion

Village of Hobart Brief

Oneida Brief

United States Brief

Village of Hobart Reply

An excerpt from Judge Posner’s opinion:

Nevertheless we can imagine an argument, built on our earlier example of the Village’s authority to deploy its firefighters on Indian parcels, for an exception of necessity—a common law graft onto the Clean Water Act—to the Oneida tribe’s exclusive authority over Indian land. But the Village doesn’t argue for such an exception; it doesn’t deny the feasibility of cooperative arrangements between it and the tribe, which has signed cooperative service agreements with other government bodies in the area.

So Hobart loses its case against the tribe. And there is another reason it must lose. Because federal law forbids states and local authorities to tax Indian lands, the tribe can’t be forced to pay the assessment decreed by the challenged ordinance if the assessment is a tax.

Lower court materials here.

Section 1983 Complaint against Red Cliff Housing Authority Dismissed

July 24, 2013July 24, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in DePerry v. Deragon (W.D. Wis.):

DCT Dismissing Complaint

DePerry Complaint

Defendants Motion to Dismiss

DePerry Opposition

Defendants Reply

An excerpt:

Asserting a claim pursuant to 42 U.S.C. § 1985(3), Raymond DePerry alleges in his amended complaint defendants fired him as the Executive Director of the Red Cliff Chippewa Housing Authority (“the Authority”) as a result of their conspiracy to interfere with the civil rights of the Authority’s tenants. Defendants, the Authority’s seven-member Board of Commissioners, responded with the instant motion to dismiss that complaint for failure to state a legally-cognizable claim. See Fed.R.Civ.P. 12(b)(6). The court finds that DePerry’s amended complaint contains no allegation or inference of a conspiracy to deprive anyone of civil rights, nor of any class-based animus held by defendants, and will therefore grant defendants’ motion to dismiss.

Seventh Circuit Briefs So Far in Village Effort to Impost Stormwater Ordinance on Wisc. Oneida Trust Lands

June 14, 2013Matthew L.M. Fletcher

Here are the opening briefs in Oneida Tribe of Wisconsin v. Village of Hobart (7th Cir.):

Hobart Brief

Oneida Brief

United States Brief

Hobart Reply TK

Lower court materials here.

Wisconsin v. Ho-Chunk Nation Complaint for Declaratory and Injuctive Relief

May 28, 2013Kate Fort

Here.

This is an action by plaintiff State of Wisconsin (“the State”) pursuant to the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2710(d), to enjoin certain Class III gaming activities being conducted by defendant Ho-Chunk Nation (“the Nation”) at its DeJope facility in violation of the tribal-state Class III gaming compact between the parties.

Opinion and Order in Saybrook v. Lake of the Torches

March 12, 2013Kate Fort1 Comment

Here.

IT IS ORDERED that:
1) this case will be dismissed without prejudice for lack of subject matter jurisdiction, provided plaintiffs submit to the court within 14 days from the date of this order definitive proof of Wisconsin citizenship of one or more of the members of LDF Acquisition, LLC; or
2) absent such proof, this case shall proceed to a telephonic status conference on April 2, 2013, at 9:00 a.m.

Previous coverage here.