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GREEN BAY, WI (WTAQ-WLUK) — A judge rejected the Village of Hobart’s action challenging the federal government’s decision to allow the Oneida Nation to place land into trust status.
The ruling Tuesday is the latest in a string of battles between the village the tribe.
The Department of Interior granted the Oneida Nation’s application to have eight properties totaling 499 acres placed in trust for the tribe. Such actions take the lots off the property tax rolls, which is why the village objects to the move.
Hobart cited several arguments in asking for the DOI actions to be overturned, but Judge William Griesbach rejected them in his 30-page decision.
The Village raises legitimate concerns that it will suffer significant consequences if land within its boundaries continues to be accepted into trust for the benefit of the Nation under Section 5 of the IRA. Any claimed statutory inequity may only be remedied by Congress, however. The court realizes that it may ring hollow to advise the Village to go to Congress to seek a change in the law. But it is from that body alone that relief is available,” the ruling states. “For the foregoing reasons, the Federal Defendants’ actions were not arbitrary, capricious, or an abuse of discretion. Furthermore, Section 5 of the IRA is constitutional. The Village’s remaining constitutional arguments are dismissed. Accordingly, the Village’s motion for summary judgment (Dkt. No. 56) is DENIED. The decision of the Department of the Interior is affirmed.
Hobart could appeal the decision to the Seventh Circuit Court of Appeals, based in Chicago.
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