The City of Mount Pleasant and the County of Isabella had moved the Eastern District of Michigan to certify the earlier decision not to allow the defense of laches for an interlocutory appeal to the Sixth Circuit, but all the other parties (including co-defendant State of Michigan) objected. And so the district court rejected the motions.
city-of-mt-pleasant-motion-for-certification
isabella-county-motion-for-certification
Here is a selection of materials on the Greektown Holdings LLC’s motion to extend its planning period for finalize bankruptcy for 90 days. Other materials are here.
greektown-motion-to-extend-planning-period
Here is the opinion.
An excerpt:
These principles persuade the Court that, as a matter of law, the time-based equitable defenses Defendants wish to advance are inapplicable to the issues here presented and may not otherwise be advanced against the United States’s enforcement of its treaties. Consequently, Defendants may not rely on the time-based equitable defenses of laches, estoppel, acquiescence, or impossibility. In addition, testimony and proofs offered in support of these affirmative defenses are irrelevant. Thus, the United States’s and the Saginaw Chippewa’s motions should be granted.
Here is the complaint resulting from the Macomb County Republican Party’s promise/threat to challenge any voter whose home has been foreclosed upon. Thanks to Cami for this.
From the complaint:
This complaint seeks declaratory and injunctive relief to challenge the “lose your home, lose your vote” vote-suppression program adopted by the Macomb County Republican Party, in concert with the Michigan Republican Party and the Republican National Committee, as well as unnamed Defendants who will implement the scheme at polling places in Macomb County and throughout the State.
From the Morning Sun:
A federal judge has temporarily halted the lawsuit seeking to define the land inside the traditional boundaries of the Isabella Reservation as “Indian Country” while he decides what kind of case Isabella County and the city of Mt. Pleasant can present.
A hearing is set for next month before U.S. District Judge Thomas Ludington in Bay City, where the suit is being heard. The issue is whether the city and county will be permitted to argue that the Saginaw Chippewa Indian Tribe waited too long to file its suit, and whether what the Tribe is asking for is impossible.
The Tribe filed suit in 2005, asking Ludington to declare that all or part of seven townships in Isabella County, and the northern half of the city of Mt. Pleasant, are “Indian country” as defined by federal law. The Tribe is asking for an injunction to prevent the governor, attorney general and state treasurer from exerting criminal or civil jurisdiction over the Tribe or its members “in a manner not allowed in Indian country.”
Here is the Sault Tribe’s news release on these materials.
mgcb-exhibit-1-greektown-violation
mgcb-exhibit-2-order-approving-debt-transaction
Laches has reared its ugly head in this case of course. Pending are motions from the United States and the Tribe to strike witnesses and defenses relating to laches, impossibility, estoppel, etc., and a government motion for partial summary J on the defenses.
us-motion-to-strike-laches-witnesses
saginaw-chippewa-motion-to-strike-laches-defenses
city-of-mount-pleasant-response-to-tribe-motion
city-of-mount-pleasant-response-to-us-motion
isabella-county-response-to-both-motions-etc
michigan-response-to-tribe-motion
michigan-response-to-us-motion
Here’s the opinion.
The Eastern District of Michigan (Judge Lawson) will hear cross-motions for summary judgment tomorrow in Coalition to Defend Affirmative Action v. Granholm. Here are some of the materials:
Here’s the news coverage from the Morning Sun:
City, council can join lawsuit
By MARK RANZENBERGER
Sun Online Editor
A federal judge ruled Friday that the city of Mt. Pleasant and Isabella County will be permitted to be part of the federal lawsuit that seeks to define the land inside the traditional boundaries of the Isabella Reservation as Indian Country.
U.S. District Judge Thomas Ludington ruled that the county and city were extremely late in trying to join in the suit, filed in 2005 by the Saginaw Chippewa Tribe against the state. But Ludington, in a ruling released late Friday, said it was within his discretion to allow the two municipalities to join in on the side of the state.
Ludington ruled, however, that the city and county could not bring in their own experts, and would have to abide by all the stipulations already set in the case.
“The court recognizes that the (city and county) have a legitimate interest at stake in this litigation, because an outcome in favor of the Saginaw Chippewas could materially affect their future governmental responsibilities,” Ludington said in his opinion.
The Tribe wants Ludington to declare that all or part of seven townships in Isabella County are “Indian country” as defined by federal law. The Tribe is asking for an injunction to prevent the governor, attorney general and state treasurer from exerting criminal or civil jurisdiction over the Tribe or its members “in a manner not allowed in Indian country.”
The federal government already has joined the case on the side of the Tribe. The county and the city now are part of the case as defendants, on the side of the state.
Both city and county officials say they bear no ill will against the Tribe or Native people, but the suit is a way to define the authority of civil and tribal governments.
Court documents filed by the city say the outcome of the suit could affect, in particular, taxation and zoning.
Tribal attorneys argued that the late intervention was simply a way for the state to buy more time to prepare its case.
Ludington said the city and county could have joined the case soon after it was filed.
At the time that the (city and county) filed their motions, the posture of this case was long past initial trial preparation,” Ludington’s ruling said. “Moreover, the (city’s and county’s) participation in the past case coupled with the local media coverage, indicate that (they) had sufficient notice of this proceeding.”
The “earlier case” mentioned by was a case involving property taxation, which went all the way to the U.S. Supreme Court before being settled. Tribal members, and the Tribe itself, now pay property taxes on land owned outright; land held in trust is not taxable.
In the current case, the Tribe and the Justice Department say that an 1855 executive order, and treaties signed in 1855 and 1864, created an Indian reservation on five full townships and six half-townships in Isabella County, and it continues to this day.
A date for a trial, which would be conducted without a jury, has not been set.
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