Federal Court Rejects Effort by Village of Hobart to Tax Oneida Trust Lands (Stormwater Fees Case)

Here are the materials in Oneida Tribe of Indians of Wisconsin v. Village of Hobart (W.D. Wis.):

DCT Order Granting Oneida Motion for Summary J

Oneida Motion for Summary J

Federal Motion to Dismiss

Hobart Opposition to Oneida Motion

Hobart Opposition to Federal Motion

Oneida Reply

Federal Reply

Prior post on this case here.

The Tribe’s prior entanglements with their litigious neighbors are reported here and here and here and here and here.

State’s Brief in Wisconsin v. Ho-Chunk Nation (Electronic Gaming Arbitration Case)

Here. (pdf)

The state is asking the federal court enforce an arbitration award.

Investors Sue LDF Lake of the Torches EDC Again (This Time in Federal Court)

Here is the complaint in Saybrook Tax Exempt Investors LLC v. Lake of the Torches Economic Development Corp. (W.D. Wis.):

Saybrook Federal Court Complaint

The state court complaint is here.

Federal Case Dismissed Because Third-Party Tribe is not Citizen for Diversity Purposes

Interesting case, in that the parties were diverse citizens, but the other party to the relevant contract (not a party to the case, however) was a tribe (Confederated Tribes of the Chehalis Reservation), so that defeated diversity jurisdiction.

CTGW v GSBS

An excerpt:

This civil action for monetary relief brought by plaintiff CTGW, LLC against defendants GSBS, PC, Colvin Engineering Associates, Inc. and Spectrum Engineers, Inc. arises out of a dispute regarding the design and construction of Great Wolf Lodge resort and water park in Grand Mound, Washington. Plaintiff alleges that this court has subject matter jurisdiction under 28 U.S.C. § 1332(a)(1), which applies to actions in which the plaintiff and the defendants are “citizens of different States” and the amount in controversy is more than $ 75,000. Plaintiff alleges that the parties are completely diverse and the matter in controversy exceeds $ 75,000. However, I conclude that because one of the members of plaintiff CTGW, LLC is an Indian tribe, diversity is destroyed. Therefore, I am dismissing this case for lack of subject matter jurisdiction.

Federal Court Dismisses Claim by Federal Prisoner against Menominee Tribe

Here is the opinion in Sturdevant v. Menominee Indian Tribe (W.D. Wis.): DCT Order Dismissing Sturdevant Complaint

Update on False Claims Act Charges against Two Menominee Individuals

In the last update here, we reported that the tribal defendants in the federal False Claims Act case, United States v. Menominee Tribal Enterprises (W.D. Wis.), had been dismissed out. Two individuals remained. They were acquitted in a jury trial — Jury Verdict Form.

They then filed for attorney fees under the Equal Justice Act. The motion was denied: DCT Order Denying Atty Fees.

Wells Fargo Motion to Vacate Prior Order Denied; As Is Motion to Amend Complaint

Here is that opinion: DCT Order Denying Motion to Vacate

Wells Fargo v. LDF Update — Motion to Vacate Judgment

New materials here:

Wells Fargo Motion to Vacate

Michael Cox Expert Report (response to Kevin Washburn expert report)

William Newby Declaration

Older materials here.

Wells Fargo Opinion Issued

Here: Decision and Order

Briefs are here, and the trust indenture is here.

LDF — Wells Fargo Trust Indenture

Some have asked, so we’re posting the 86 page trust indenture: Trust Indenture