The village of Hobart is looking to build a new municipal center by 2028. The new center would house the village offices, police department and eventually the public works department. Sept. 5, 2025. PC: Fox 11 Online
(WTAQ-WLUK) – A federal appeals court should reject Hobart’s arguments that the law allowing Native American tribes to place land in trust status is unconstitutional, the federal government said in a brief filed Thursday.
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.
In December, a federal judge upheld the decision. The village then took the case to the Seventh Circuit Court of Appeals in Chicago.
The village filed its brief in April arguing the law used itself is unconstitutional, and that the federal judge erred in now allowing certain discovery to take place.
Principal Deputy Assistant Attorney General Adam Gustafson filed the federal government’s response Thursday, encouraging the appeals court to uphold the lower court’s decision.
“Congress enacted Section 5 pursuant to its broad constitutional authority to regulate Indian affairs, and the Village’s non-delegation challenge has been rejected by every court of appeals that has considered it. The Village fails to demonstrate that any aspect of the agency’s review process or the IBIA’s adjudication was arbitrary, capricious, or contrary to law. And the Village cannot surmount the high bar to show that the district court abused its discretion by denying extra-record discovery,” the motion states.
Hobart has until Aug. 6 to reply to this filing.
No oral arguments have been scheduled, although recent filings include discussion of possible dates for that.
It will likely be several months before a decision is released.
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