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ONEIDA TRIBE OF INDIANS v. VILLAGE OF HOBART

No. 12-3419.

732 F.3d 837 (2013)

ONEIDA TRIBE OF INDIANS OF WISCONSIN, Plaintiff-Appellee, v. VILLAGE OF HOBART, WISCONSIN, Defendant-Third-Party Plaintiff-Appellant, v. United States of America, et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 18, 2013.

Attorney(s) appearing for the Case

Arlinda F. Locklear , Attorney, Washington, DC, for Plaintiff-Appellee.

Frank W. Kowalkowski , Attorney, Davis & Kuelthau, Green Bay, WI, for Defendant-Appellant.

Joshua M. Levin , Attorney, Department of Justice, Office of the Attorney General, Peter McVeigh , Attorney, Department of Justice, Washington, DC, for Defendants-Appellees.

Before BAUER, POSNER, and TINDER, Circuit Judges.

POSNER, Circuit Judge.

In 2007 the Village of Hobart, Wisconsin passed an ordinance assessing stormwater management fees on all parcels of land in the village, including those owned by the Oneida Nation of Wisconsin, an Indian tribe. The purpose of the assessment was to finance the construction and operation of a stormwater management system. The tribe sought a declaratory judgment that the assessment could not lawfully be imposed on it. Hobart contended that if the...

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