It’s here, in powerpoint: michigan-indian-tuition-waiver-2009
And here is a link to our materials relating to the Michigan Indian Tuition Waiver.
Michigan Indian
Little River Band of Ottawa Indians Sues National Labor Relations Board
VERY interesting case.The Little River Band created its own labor relations code. At least one union agreed to forego the National Labor Relations Act in favor of the tribal law, but the Teamsters — perhaps the definition of a dying union that won’t go away without bringing down everyone around it — filed a charge with the NLRB.
Even more interesting, the Interior Solicitor opined that the NLRA does not apply to this tribe, and requested that the NLRB back down. Of course the Board refused. And so we have this case in the Western District of Michigan.
Here are the relevant materials:
Michigan Indian Tuition Waiver News
From the Detroit News:
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Lawmakers also heard testimony from Ferris State University student Emily Leask, 20, who asked them to properly fund the Native American Tuition Waiver, which covers the cost of tuition for Michigan residents who are one-quarter Native American.
Without the assistance, “I would be greatly in debt and questioning whether I could even continue school,” said Leask, a member of the Sault Ste. Marie Tribe of Chippewa Indians.
Building Project on St. Mary’s River Rejected
Here is the opinion in Schmidt v. Army Corps, from the Western District of Michigan, in which the court upheld a decision by the Army Corps not to allow a building project on the St. Mary’s River, near what the Chippewa Ottawa Resource Authority says is a fish spawning ground.
Huron Nottawaseppi Property Tax Dispute
From the Battle Creek Inquirer:
ATHENS — Athens Township’s attorney said the township has no means to collect back taxes from the local Potawatomi.
The Nottawaseppi Huron Band of Potawatomi’s Pine Creek Reservation in Athens Township was federally entrusted in summer 2008, making it untaxable land. But that came after it was assessed for 2008, so the tribe was billed for those taxes.
The tribe didn’t pay, saying it didn’t owe as a federally recognized tribe. The unpaid 2008 taxes are part of a pending Michigan Tax Tribunal case: The Potawatomi also has asked that taxes it paid from 2004 to 2007 be returned.
At the township board meeting Tuesday, Assessor Marcia Bails read a letter from Jim Norlander, township counsel. It said even though the property was assessable for 2008, Pine Creek now is federal property and can’t be foreclosed upon.
GTB Chairman’s Conference
From the Leelanau News (via Indianz):
The scene was almost reminiscent of a gathering last month in Washington, D.C. when four living U.S. presidents met with then-President Elect Barack Obama at the White House.
TRIBAL CHAIRMAN Derek Bailey (top, center) presents four former Grand Traverse Band leaders with a personalized arrow at a summit last week. Also pictured are Ardith “Dodie” Chambers and George Bennett in the front row, and Bob Kewaygoshkum (left) and Joseph “Buddy” Raphael in the top row.
On Friday, the five living leaders of Leelanau County’s only sovereign nation gathered for a first-ever summit of tribal chairmen of the Grand Traverse Band of Ottawa and Chippewa Indians.
The meeting was held at the tribe’s Turtle Creek Casino in Grand Traverse County and hosted by newly-elected Tribal Chairman Derek Bailey. The former leaders talked about personal feelings of pride and satisfaction, overcoming tough times, and an ever-present focus on future generations.
In re Lee Oral Argument
The Michigan Supreme Court heard the oral argument today in the In re Lee case, which we’ve referenced before. The case involves both the issue of active efforts and the beyond a reasonable doubt standard required by the Indian Child Welfare Act. Specifically the Court asked whether active efforts have to be recent and for each individual Indian child and whether the beyond a reasonable doubt standard required contemporaneous evidence of the emotional or physical harm to the child if he remains with his parent. Both the American Indian Law Section and the Children’s Law Section of the Michigan bar filed amicus briefs in the case.
Little River Tribal Court Judge Issues Gag Order on Tribal Enrollment
From Indianz:
“A tribal court in Michigan has issued an injunction ordering a journalist not to report on issues related to “blood quantum” and qualifications for tribal enrollment.
Judge Melissa Pope of the Little River Band of Ottawa Indians Tribal Court entered the injunction last month, after another judge issued a temporary restraining order in August 2008. According to Pope’s February 19 order, “Defendants and Plaintiffs shall not discuss any parties’ enrollment in the Little River Band of Ottawa Indians with respect to enrollment fraud, meaning questioning whether any of the parties are properly enrolled; status as a descendant; or blood quantum.” Judge Pope issued the injunction in connection with a libel case against reporter Nancy Kelsey and three other defendants. Among other allegations in their complaint, the plaintiffs claim that Kelsey “sent numerous e-mails claiming that Plaintiffs and their families have engaged in enrollment fraud and are not rightful members of this Tribe.” ”
Get the Story:
Tribal court bans reporter from covering fraud claims (Reporters Committee for Freedom of the Press 3/2)
Judge Cohn Rejects Challenge to Michigan Gaming Control and Revenue Act
The Eastern District of Michigan rejected a constitutional challenge to Michigan Const. art. IV, section 41, otherwise known as Proposal E, and the Michigan Gaming Control and Revenue Act. Here are the pleadings in Northville Downs v. Granholm.
northville-response-to-motion-to-dismiss [response begins around page 27, the rest is an amended complaint]
Emmet County Revenue Sharing Board Loses Court Case
From Ludington Daily News:
PETOSKEY — The Emmet County Local Revenue Sharing Board’s method of dividing tribal casino profits among local governments was wrong, a judge ruled recently.
Charlevoix County Circuit Court Judge Richard Pajtas made the ruling in a suit three Petoskey area school boards brought against the revenue sharing board, according to Dennis O. Cawthorne, a former state representative from Manistee who represented the school boards through the law firm Kelley Cawthorne, which he heads with former Michigan Attorney General Frank Kelley.
Cawthorne recently notified Manistee Area Public Schools Superintendent Bob Olsen about the Emmet County decision and said it proves the Manistee Local Revenue Sharing Board is correct in the way it handles allocations from slot machine profits at the Little River Casino Resort.
Turtle Talk 
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