Here are the materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):
55 State Response to Motion to Dismiss
58 Soo Tribe Response to Motion for Relief
63 DCT Order to Adjourn and Reschedule Oral Argument
Sixth Circuit materials are here.
From the Ann Arbor News, “Dale Kildee: Land for Soo tribe casinos in Lansing and SE Michigan not his legislation’s intent.”
Here:
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 8 ST Bd Resolution 2012-11Auth Lansing CDA
Ex 9 ST Bd Resolution 2012-223 Auth Closing on Corner Parcel
Here:
SSM Mandatory Trust Filing New Boston 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 a parcel of land located in Huron Charter Township, Wayne County, Michigan (the “Sibley Parcel” or “Parcel”) under an existing contract of purchase. The Parcel is a 71 acre parcel of land located within 2 miles of other land currently owned by the Tribe in Huron Charter Township.
The Tribe will acquire the 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 Parcel in trust.
Ex 1 Purchase & Sale – Sibley Final Executed
Ex 2 Title Commitment & Proposed Warranty Deed
Ex 3 Tribal Resolution 2012-250 & 2013-138
Ex 4 Legal Description & Survey
Ex 6 Affidavit of CFO Connolly – Sibley
Here are the petition materials in Michigan v. Sault Ste. Marie Tribe of Chippewa Indians:
Lower court materials here.
Here:
CA6 Order Denying Reconsideration
Prior posts on the stay are here and here. Panel materials here.
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.
Here is the 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.
Here.
An excerpt:
Bay Mills has a reservation located on tribal land in the Upper Peninsula’s Chippewa County on the eastern end of Lake Superior.
In 2010, the tribe used earnings from a land settlement trust to purchase 40 acres of land in Vanderbilt, a tiny town just north of Gaylord that’s located more than 100 miles south of the tribe’s main reservation.
The Michigan Indian Land Claims Settlement Act says that land acquired with funds from a land trust “shall be held as Indian lands are held.” So Bay Mills used that language as legal authority to open a small casino in November 2010 in Vanderbilt. Continue reading
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