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STATE v. BIG JOHN

No. 86-1948.

140 Wis.2d 322 (1987)

409 N.W.2d 455

STATE of Wisconsin, Plaintiff-Appellant, v. Kenneth BIG JOHN, Gilbert Chapman, Robert A. Chapman, Jerry A. Christensen, James Cross, Goldie Larson, Duane E. Poupart, John V. Snow and Steve K. St. Germaine, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 26, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant, there were briefs submitted by Donald J. Hanaway, attorney general, and Maureen A. McGlynn, assistant attorney general, of Madison.

For the defendant-respondent, there was a brief submitted by James M. Jannetta and Kathryn L. Tierney, of Lac du Flambeau.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

The state appeals an order dismissing nine citations charging nine members of the Lac du Flambeau Band of the Lake Superior Chippewa with operating unregistered motorboats on state waters, contrary to sec. 30.51(1), Stats. The state argues that the trial court erroneously concluded that the state lacked jurisdiction to enforce sec. 30.51(1) against the charged tribal members. We conclude that enforcing sec. 30.51(1) against the tribal members would infringe...

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