Village of Hobart v. Oneida Tribe of Indians of Wisconsin

¶ 1. The Village of Hobart appeals an order dismissing its suit for a declaration of interests in a railroad right-of-way. The circuit court concluded the Village does not have an "interest in real property" in the right-of-way, and so cannot maintain an action under Wis. Stat. ch. 841. The Village contends its regulatory power to condemn, assess, tax, and zone property within its boundaries is a qualifying "interest" in that property. We disagree and affirm the order.

Background

¶ 2. The railroad right-of-way in question here runs through the Village, following Riverdale Drive from County Line…