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WIENER v. WAMPANOAG AQUINNAH SHELLFISH HATCHERY

No. CIV.A.01-10924-DPW.

223 F.Supp.2d 346 (2002)

Jerry WIENER, as the Building Inspector and Zoning Officer of the Town of Aquinnah, Plaintiff, v. WAMPANOAG AQUINNAH SHELLFISH HATCHERY CORPORATION, and WAMPANOAG TRIBAL COUNCIL OF GAY HEAD, INC. (AQUINNAH), Defendants.

United States District Court, D. Massachusetts.

September 30, 2002.

Attorney(s) appearing for the Case

Ronald H. Rappaport, Michael A. Goldsmith, Reynolds Rappaport & Kaplan, Edgartown, MA, for Plaintiff.

Conly J. Schulte, Monteau, Peebles, Evans & Marks, L.L.P., Omaha, NE, Robert F. Mills, Wynn & Wynn, P.C., Hyannis, MA, for Defendants.

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...

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