Tribes and Detroit Casinos Allowed to Intervene in Sault Tribe Suit over Lansing and Wayne County Off-Rez Gaming Applications

Here are the materials so far in Sault Ste. Marie Tribe of Chippewa Indians v. Bernhardt (D.D.C.):

1 Complaint

1-1 Solicitor Opinion on Bay Mills

1-2 Wayne County Application

1-3 Lansing Application

1-4 Supplemental Materials

1-5 Jan 2017 Interior Letter

1-6 July 2017 Interior Decision

11 Answer

16-1 Saginaw Chippewa Motion to Intervene

18-1 Detroit Casinos Motion to Intervene

20 Nottawaseppi Huron Band Motion to Intervene

28 Sault Tribe Opposition to Intervention Motions

29 Federal Opposition to Detroit Casinos Motion to Intervene

31 Saginaw Chippewa Reply in Support of 16

32 Detroit Casinos Reply in Support of Motion to Intervene

33 NHBPI Reply in Support of Motion to Intervene

35 DCT Order

Prior posts on the Lansing/Wayne County casino proposals are here.

“Sault Tribe’s trust land application denied for Lansing casino”


If anyone has the denial letter, please send it along.

Here it is. And here:

2017-07-24 DOI Cason ltr to Sault Ste. Marie denying mandatory trust acqn

Sault Tribe Motion to Dismiss Michigan Gaming Suit

Here are the new materials in the case captioned State of Michigan v. Payment (W.D. Mich.):

2015-03-20 Brief in Support of Defendant’s Motion to Dismiss Amended Complaint

2015-03-20 Defendant’s Motion to Dismiss Amended Complaint

71 Michigan Response to Motion to Dismiss

72 Sault Tribe Reply

The state’s amended complaint is here.

State of Michigan Sues Sault Tribe Officials–Amended Complaint with Exhibits

Amended Complaint

2Exhibit A (Letter from DOI)

Exhibit B (letter from Gov. Snyder to Chairman Eitrem)

Exhibit C (Sault Tribe Submission for Mandatory Fee-to-Trust Acquisition)

Exhibit D (Same, for the Sibley Parcel)

Exhibit E (Sault Tribe approval of development agreement with Lansing, MI)

Exhibit F (Comprehensive Development Agreement between Sault Tribe and Lansing)

Previous coverage of the Lansing casino case here.

Updated Materials in Michigan v. Sault Tribe — State Seeks to Sue Tribal Officials

Here are the materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

49 Renewed Motion to Dismiss

53-1 State Motion for Relief

55 State Response to Motion to Dismiss

57 Soo Tribe Reply

58 Soo Tribe Response to Motion for Relief

60 State Reply

63 DCT Order to Adjourn and Reschedule Oral Argument

Sixth Circuit materials are here.


Sault Tribe Lansing Casino Trust Application Documents


SSM Mandatory Trust Filing Lansing final 20140610

An excerpt:

The Sault Ste. Marie Tribe of Chippewa Indians of Michigan (the “Sault Tribe” or “Tribe”) tenders this submission for a mandatory fee-to-trust acquisition of two parcels of land located in Lansing, Michigan:

(1) The “Corner Parcel,” a 0.43 acre parcel acquired by the Tribe on November 1, 2012, and

(2) The “Showcase Parcel,” a nearby 2.26 acre parcel that the Tribe has committed to acquire under an existing contract of purchase with the City of Lansing, Michigan.

The Tribe has acquired the Corner Parcel and will acquire the Showcase Parcel using interest or other income generated by the Tribe’s Self-Sufficiency Fund, established pursuant to section 108 of the Michigan Indian Land Claims Settlement Act (“MILCSA”), Pub. L. No. 105-143, 111 Stat. 2652 (1997). Under Section 108(f) of MILCSA, “[a]ny lands acquired using amounts from interest or other income of the Self-Sufficiency Fund shall be held in trust by the Secretary for the benefit of the [Sault] Tribe.” 111 Stat. at 2661-2662. The Secretary is thus required to accept the Parcels in trust.

Ex 1 Warranty Deed to Corner Parcel

Ex 2 Title Policy for Corner Parcel

Ex 3 Comprehensive Development Agrmt

Ex 4 Showcase Title Commitment & Proposed Warranty Deed

Ex 5 Legal Description & ALTA Survery for Corner Parcel

Ex 6 Legal Description & ALTA Survery for Showcase Parcel

Ex 7 Location Map

Ex 8 ST Bd Resolution 2012-11Auth Lansing CDA

Ex 9 ST Bd Resolution 2012-223 Auth Closing on Corner Parcel

Ex 10 Affidavit of CFO Connolly – Lansing

Ltr to Rosen w Mandatory Trust Subm 20140610

Michigan Files Cert Petition against Sault Tribe in Lansing Casino Controversy

Here are the petition materials in Michigan v. Sault Ste. Marie Tribe of Chippewa Indians:

Michigan Cert Petition

Petition Appendix

Lower court materials here.

The CA6 stayed this matter, here, here, and here.

Sixth Circuit Denies Sault Tribe Motion to Reconsider Stay


CA6 Order Denying Reconsideration

Prior posts on the stay are here and here. Panel materials here.

En Banc Petition Materials in Michigan v. Sault Tribe


2014-01-16 Petition for Panel Rehearing with a Suggestion for Rehearing …

2014-01-22 NHBPI Motion for leave to file amicus brief -rehearing

2014-01-23 NHBPI Amicus Curiae Brief in Support of St of MI Pet

2014-01-23 Order Granting Motion for Leave to file Amicus Brief NHBPI

Panel materials are here.

Sixth Circuit Reverses in Michigan v. Sault Ste. Marie Tribe

Here is the opinion:

Michigan v SSM CA6 Opinion

An excerpt:

Because the State is not suing to enjoin a class III gaming activity, but instead a trust submission under MILCSA, § 2710(d)(7)(A)(ii) of IGRA does not abrogate the Tribe’s sovereign immunity, and the district court lacked jurisdiction. The issue of whether class III gaming on the casino property will violate IGRA if the Tribe’s MILCSA trust submission is successful is not ripe for adjudication because it depends on contingent future events that may never occur. The injunction was therefore not properly entered.

Briefs are here.

Lower court materials here.