Legal Opinion
Wiener v. Wampanoag Aquinnah Shellfish Hatchery Corp.
District Court, D. Massachusetts
Decided September 30, 2002No. CIV.A.01-10924-DPWPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WOODLOCK, District Judge.
The parties in this case seek a determination regarding application of state and local zoning provisions to land use by a federally recognized Native American tribe. The issue is framed by a complaint, initially brought in the state court, commencing a local zoning enforcement action. The complaint anticipated questions of federal law. The defendant tribe pressed those federal questions in its answer and counterclaims and removed the case to this court on grounds of federal question jurisdiction.
There is a threshold procedural problem presented by…
2Cases cited20 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Bell v. HoodSupreme Court of the United States · 1946
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
15 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cayuga Indian Nation of New York v. Village of Union SpringsDistrict Court, N.D. New York · 2003
- Aroostook Band of Micmacs v. Executive Director Maine Human Rights CommissionDistrict Court, D. Maine · 2004
- County of Madera v. Picayune Rancheria of the Chukchansi IndiansDistrict Court, E.D. California · 2006
- Massachusetts v. Wampanoag Tribe of Gay HeadDistrict Court, D. Massachusetts · 2014
- Decoulos v. Town of AquinnahDistrict Court, D. Massachusetts · 2018
1 more not listed; retrieve them via the Exa API.