7th Circ. Sides With Oneida Tribe In Wis. Reservation Dispute

Law360 (July 30, 2020, 9:17 PM EDT) -- The Seventh Circuit on Thursday reversed a lower court's ruling, saying the Oneida Nation of Wisconsin's annual Big Apple Fest does not need a permit from a local village because it takes place on undiminished reservation land.

The three-judge panel invoked the recent divided U.S. Supreme Court decision in McGirt v. Oklahoma in its published opinion, saying the case confirmed that the Oneida tribe's original 65,000-acre reservation remains intact. Congress never explicitly diminished the reservation established via treaty in 1838, the panel said.

The lower court erred, according to the panel, in finding that a series of congressional allotment acts at the...

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