Michigan COA Holds State Courts Have Jurisdiction in Reservation Property Dispute

Here is the opinion in Smith v. Landrum (Mich. Ct. App.):

Opinion

An excerpt:

The question presented in this quiet title action is whether a state court has subject-matter jurisdiction to decide an easement dispute in favor of a non-Indian on land owned by a non-Indian when the land is located on an Indian reservation. The trial court concluded that it did not, and therefore entered a final order granting defendants’ motion for summary disposition under MCR 2.116(C)(4) (lack of subject-matter jurisdiction).1 For the reasons outlined below, we hold that the trial court had subject-matter jurisdiction over the easement dispute. We therefore reverse the order granting defendant’s motion for summary disposition, and remand for further proceedings.

Michigan SCT to Hear Appeal of KBIC Employees Charged with Criminally Violating State Tobacco Transportation Law

Here are materials so far in the cases captioned People v. Davis and People v. Magnant:

Majority Opinion [Mich. COA]

Dissent [Mich. COA]

SCT Order Granting Review

Circuit Court materials:

Defendants Due Process Motion

Defendants Motion to Quash Information

Defendants Motion to Suppress

People Response to Due Process Motion

People Response to Motion to Quash

People Response to Motion to Suppress

 

Summary Judgment Briefs in Turunen v. Michigan DNR — Treaty Right to Farm Pigs

Here are the materials in Turunen v. Michigan Department of Natural Resources (W.D. Mich.):

39 MDNR Motion for Summary J

42 Turunen Response

47 MDNR Reply

The claim survived an earlier motion to dismiss here.

Keweenaw Bay Indian Community Wolf Management Plan

Here.

From 2013.

An excerpt:

The purpose of this plan is to provide a course of action that will ensure the long-term survival of a self-sustaining, wild gray wolf (Canis lupus) population in the 1842 ceded territory in the western Upper Peninsula of Michigan. It is written to encourage cooperation among agencies, communities, private and corporate landowners, special interest groups, and all Michigan residents. The Plan conforms to the provisions of the Federal Eastern Timber Wolf Recovery Plan, which includes Michigan (U.S. Fish and Wildlife Service 1992), Michigan Gray Wolf Recovery and Management Plan (Michigan Department of Natural Resources 1997), and the Michigan Wolf Management Plan (Michigan Department of Natural Resources 2008).