GREEN BAY (WTAQ-WLUK) – The village of Hobart says the Oneida Nation used land not in trust for its Big Apple Fest – and claims some of land that is in trust status was placed their improperly.
Those are two of the claims in the village’s response to an on-going dispute about if the village can require the tribe to have a special events permit.
Hobart maintains that the tribe is required to get a special events permit for its Big Apple Fest. The tribe maintains that because the activity was on land held in federal trust, the village’s ordinance does not apply.
Before this year’s event, the tribe went to federal court, seeking a declaration that it didn’t need such a permit. A federal judge denied the request, saying if a citation was issued, then the issue could be argued. The village did just that, issuing a citation on Sept. 21, with a $5,000 fine. The tribe says it has no intention of paying it.
In a federal court filing this week, Hobart claims the land the tribe says is in trust really isn’t:
“The Nation was not federally recognized or under federal jurisdiction on June 18, 1934, and is, therefore, not eligible to use the IRA to obtain trust status for real property it owns,” wrote Hobart’s attorney, Frank Kowalkowski. “Once land has ceased to be territorial land by Congressional cession or act, and is under state jurisdiction, there is no federal authority to nullify state jurisdiction. Therefore, the Village has the authority to enforce its Special Events Ordinance for the entire Big Apple Fest event.”
And, the village claims since part of the event was on non-trust lands, a permit was needed.
“The Nation’s 2016 Big Apple Fest did not occur only on tribal trust land and, therefore, the Village’s Special Events Ordinance is applicable, at the very least, to all activities occurring on fee land owned by the Nation, as well as for activities and disruptions occurring on roadways, rights-of-way, and neighboring properties,” the village claims.
The Oneidas have not formally responded to this week’s filing.
No hearings have been set in the case.
