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VILLAGE OF HOBART v. ONEIDA TRIBE

No. 2006AP2639.

736 N.W.2d 896 (2007)

2007 WI App 180

VILLAGE OF HOBART, Plaintiff-Appellant, v. ONEIDA TRIBE OF INDIANS OF WISCONSIN, Amy L. Kocha, LaVerne Bochek-Robbins and Wisconsin Central Ltd., Defendants-Respondents.

Court of Appeals of Wisconsin.

Submitted on Briefs June 22, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Timothy M. Barber and William S. Woodward of Hanaway Ross, S.C., Green Bay.

On behalf of the defendants-respondents, the cause was submitted on the brief of James R. Bittorf and Rebecca M. Webster of Oneida Law Office, Oneida.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 PETERSON, J.

The Village of Hobart appeals an order dismissing its suit for a declaration of interests in a railroad right-of-way. The circuit court concluded the Village does not have an "interest in real property" in the right-of-way, and so cannot maintain an action under WIS. STAT. ch. 841.1 The Village contends its regulatory power to condemn, assess, tax, and zone property within...

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