Oneida Nation v. Village of Hobart WI

Filing 122

ORDER denying 112 Motion for Reconsideration. (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ONEIDA NATION,
Plaintiff,
v.

Case No. 16-C-1217

VILLAGE OF HOBART, WISCONSIN,
Defendant.

ORDER

Plaintiff Oneida Nation filed this action for declaratory and injunctive relief challenging the
authority of the Village of Hobart to regulate the Nation and its officials with respect to activities
occurring on the Nation’s Reservation and on land held in trust for the Nation’s benefit by the United
States. On September 25, 2018, the court granted the United States’ motion to file an amicus curiae
brief. Presently before the court is the Village’s motion to reconsider the court’s September 25,
2018 order. The Village’s motion will be denied. The Government’s interest is far more significant
than most amici. In particular, the Government is a party to the 1938 Treaty with the Oneida Nation
and has trusteeship over lands within the Reservation. Its relations with the Nation will be
significantly impacted if the Village’s argument that the Reservation has been diminished or
disestablished prevails. Accordingly, the Village’s motion for reconsideration (ECF No. 112) is
DENIED.
SO ORDERED this 4th day of October, 2018.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court