Justia Wisconsin Supreme Court Opinion Summaries

A group of non-tribal landowners formed an association to regulate the use of parcels in a residential development on land historically belonging to a Native American tribe. After the tribe reacquired several lots through a designated tribal member, the association amended its restrictive covenants to prevent transfer of land to sovereign nations and to block removal of property from county tax rolls. The tribal member purchased multiple lots for the tribe and requested the federal government hold the land in trust. The association then filed suit in state court, seeking to enforce its covenants and prevent the tribe from reacquiring and exempting the land from local control.The Menominee County Circuit Court initially denied the tribe’s motion to dismiss. Later, after reconsideration, the circuit court dismissed the case, finding that federal law preempted the covenants and that tribal sovereign immunity barred the suit. The association appealed. While the state appeal was pending, the federal Bureau of Indian Affairs and the Interior Board of Indian Appeals determined that federal law required acquisition of the lots into trust, and federal court affirmed dismissal of the association’s challenge, citing federal preemption. The association clarified it still sought a declaration on the enforceability of certain covenants.The Supreme Court of Wisconsin reviewed the case following certification from the court of appeals. It held that the tribe’s sovereign immunity barred the lawsuit, finding no congressional abrogation or waiver of immunity. The court also rejected arguments for in rem or immovable property exceptions to tribal immunity and concluded that immunity extended to the tribal member because the tribe was the real party in interest. The judgment of dismissal by the Menominee County Circuit Court was affirmed. View "Legend Lake Property Owners Association, Inc. v. Keshena" on Justia Law

This case concerned a circuit court's order to transfer to a tribal court a civil suit that was brought against a tribally owned entity by a nonmember of the tribe. The question before the Supreme Court was whether the circuit court erroneously exercised its discretion when it transferred the action to tribal court. At issue was the interpretation and application of Wis. Stat. 801.54, which authorizes the circuit court, in its discretion, to transfer an action to the tribal court and sets forth the conditions for doing so. The court of appeals affirmed. The Supreme Court reversed, holding that because the facts and the applicable law were not fully stated and considered together in making the determinations that the statute requires, the order to transfer was an erroneous exercise of the circuit court's discretion. Remanded. View "Kroner v. Oneida Seven Generations Corp." on Justia Law