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2010AP561 Village of Hobart v. Brown County

By: WISCONSIN LAW JOURNAL STAFF//June 28, 2011//

2010AP561 Village of Hobart v. Brown County

By: WISCONSIN LAW JOURNAL STAFF//June 28, 2011//

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Municipalities
Emergency response

The Village of Hobart appeals a judgment declaring that Brown County may designate the law enforcement arm of the Oneida Tribe as the primary responsive agency to 911 calls originating within a 1,700-acre area of the Village. The Village contends that the designation is contrary to the statute establishing the statewide emergency number, Wis. Stat. § 256.35, and violates the Village’s mandatory obligation to provide police services under Wis. Stat. § 61.65(1)(a).
We conclude that neither Wis. Stat. §§ 256.35 nor 61.65 prohibits the County from designating tribal police as the primary responsive law enforcement agency. We further conclude that by permitting county-tribal law enforcement programs, see Wis. Stat. §§ 59.54(12) and 165.90, the legislature intended to encourage law enforcement coordination between counties and tribes. Because the selection of a responsive law enforcement agency is one aspect of that coordination, we affirm. Not recommended for publication in the official reports.

2010AP561 Village of Hobart v. Brown County

Dist III, Brown County, Hammer, J., Brunner, J.

Attorneys: For Appellant: Yde, Richard C., Madison; For Respondent: Luetscher, John F., Green Bay

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