DAIRYLAND GREYHOUND PARK, INC., Plaintiff-Appellant,
v.
Scott McCALLUM, in his official capacity as Governor of the State of Wisconsin, and George Lightbourn, in his official capacity as Secretary of the Wisconsin Department of Administration, Defendants-Respondents.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs August 30, 2002.
Decided September 19, 2002.
Attorney(s) appearing for the Case
On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Ronald R. Ragatz, Peter A. Peshek and Mindy Rowland Buenger of DeWitt Ross & Stevens S.C., Madison.
On behalf of the defendants-respondents, the cause was submitted on the brief of John S. Greene and Thomas C. Bellavia, assistant attorney generals, JamesE. Doyle, attorney general, and Raymond P. Taffora of Michael, Best & Friedrich LLP, Madison.
A nonparty brief was filed by Carol J. Brown of Brown & LaCounte, LLP, Madison, Douglas B.L. Endreson and William R. Perry of Sonosky, Chambers, Sachse, Endreson & Perry, Washington, D.C., Howard Bichler, Hertel, Jennifer L. Nutt Carleton and Rory E. Dilweg of Oneida Law Office, Oneida, Paul Stenzel and Douglas William Huck, Bowler, Sheila D. Corbine, Black River Falls, Kevin L. Osterbauer, Odanah, Larry Leventhal of Larry Leventhal & Associates, Minneapolis, MN., Kris M. Goodwill, Hayward, Jeffery A. Crawford, Milwaukee, Eric N. Dahlstrom of Rohnstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Frye, LLP, Phoenix, AZ., Andrew S. Caulum of Caulum Law Office, S.C., Madison, and David M. Ujke, Bayfield on behalf of the St. Croix Chippewa Indians of Wisconsin, Lac du Flambeau Band of Lake Superior Chippewa Indians, Oneida Tribe of Indians of Wisconsin, Forest County Potawatomi Community of Wisconsin, Ho-Chunk Nation, Stockbridge-Munsee Community, Sokaogon Chippewa Community (Mole Lake Band of Lake Superior Chippewa Indians), Bad River Band of the Lake Superior Tribe of Chippewa Indians, Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, and Red Cliff Band of Lake Superior Chippewa Indians.
A nonparty brief was filed by Alexis H. Johnson, Show Low, AZ and Michael D. Dean, Waukesha, for Kenosha Coalition Against Legalized Gambling.
A nonparty brief was filed by Paul G. Kent of Davis & Kuelthau, S.C., Madison, for Village of Hobart and Brown County.
Before Vergeront, P.J., Deininger and Lundsten, JJ.
Court of Appeals of Wisconsin.
¶ 1. DEININGER, J.
Dairyland Greyhound Park, Inc., appeals an order dismissing its complaint against Governor McCallum for failure to join an indispensable party. Dairyland's action seeks to enjoin the Governor from renewing the state's gaming compacts with Indian tribes having reservations or other land in Wisconsin. The circuit court concluded that the tribes are "necessary parties" to the litigation under WIS. STAT...
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