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MENOMINEE INDIAN TRIBE OF WISCONSIN v. THOMPSON

No. 95-C-0030-C.

922 F.Supp. 184 (1996)

MENOMINEE INDIAN TRIBE OF WISCONSIN, Plaintiff, v. Tommy G. THOMPSON, Governor of the State of Wisconsin; George E. Meyer, Secretary, Wisconsin Department of Natural Resources; James T. Addis, Administrator of DNR Division of Resource Management; John E. Fryatt, Administrator of DNR Division of Enforcement; Herbert F. Behnke, Trygbe A. Solberg, Neal W. Schneider, Betty Jo Nelsen, Mary Jane Nelson, James E. Tiefenthaler, Jr. and Stephen D. Willett, Members of the Wisconsin Natural Resource Board, Defendants.

United States District Court, W.D. Wisconsin.

February 26, 1996.

Attorney(s) appearing for the Case

Bruce R. Greene, Greene, Myer & McElroy, P.C., Boulder, CO, for Plaintiffs.

Charles D. Hoornstra, Asst. Atty. General, Madison, Wisconsin, for Defendants.

OPINION AND ORDER NO. 2

CRABB, District Judge.

Plaintiff Menominee Indian Tribe of Wisconsin brings this action for declaratory and injunctive relief, asserting that it enjoys off-reservation rights to hunt, fish and gather without state restriction on the lands it ceded to the United States in 1831, 1836 and 1848; that it has unextinguished aboriginal rights, derived from long uninterrupted use, to hunt and fish in various Wisconsin waters, including Lakes...

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