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ONEIDA NATION v. VILLAGE OF HOBART

No. 19-1981.

968 F.3d 664 (2020)

ONEIDA NATION, Plaintiff-Appellant, v. VILLAGE OF HOBART, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 30, 2020.

Attorney(s) appearing for the Case

James R. Bittorf , Attorney, Oneida Tribe of Indians of Wisconsin, Law Office, Oneida, WI, Arlinda F. Locklear , Attorney, Arlinda F. Locklear , Washington, DC, Vanya S. Hogen , Attorney, Hogen Adams PLLC, St. Paul, MN, Paul R. Jacquart , Attorney, Hansen ReynoldS LLC, Milwaukee, WI, Jessica Mederson , Attorney, Hansen Reynolds LLC, Madison, WI, for Plaintiff-Appellant.

Frank W. Kowalkowski , Attorney, Von Briesen & Roper, S.C., Green Bay, WI, Derek John Waterstreet , Matthew J. Thome , Attorneys, Von Briesen & Roper, S.C., Milwaukee, WI, for Defendant-Appellee.

Mary Gabrielle Sprague , Attorney, Department of Justice, Environment & Natural Resources Division, Washington, DC, for Amicus Curiae United States of America.

Joel West Williams , Attorney, Native American Rights Fund, Washington, DC, for Amici Curiae National Congress of American Indians, Indian Land Tenure Foundation.

Thomas C. Bellavia , Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Amicus Curiae State of Wisconsin.

Before Sykes, Chief Judge, and Hamilton and St. Eve, Circuit Judges.

The Oneida Nation's Big Apple Fest has become a test of power and jurisdiction between the Nation and the Village of Hobart, Wisconsin. The Oneida Nation in Wisconsin hosts its annual Big Apple Fest on land partially located in the Village of Hobart. In 2016 the Village demanded that the Nation obtain a permit under a Village...

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