Oneida Tribe of Indians of Wisc. v. Village of Hobart, Wisc.

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 12-3419
Decision Date: 
October 18, 2013
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in granting plaintiff-Oneida Tribe’s motion for summary judgment in action seeking declaration that defendant-Village’s ordinance assessing storm water management fees could not be imposed on land parcels owned/controlled by plaintiff. Record showed that subject land parcels had been purchased by federal govt. to hold in trust for Tribe, and thus said assessments, which were akin to taxes, could not be imposed on federal govt. under 25 USC section 465. Ct. rejected plaintiff’s argument that instant assessment was proper as pollution control charge under section 313(a) of Clean Water Act.