Lansing casino proposal

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

May 14, 2014Matthew L.M. Fletcher1 Comment

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

March 7, 2014March 7, 2014Matthew L.M. Fletcher1 Comment

Here:

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

January 27, 2014Matthew L.M. Fletcher

Here:

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

December 18, 2013December 18, 2013Matthew L.M. Fletcher5 Comments

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.