Sixth Circuit Briefs in Little Traverse Bay Bands of Odawa Indians v. Whitmer


LTBB Opening Brief 

Defendant-Appellee Whitmer Brief

Emmet County Lake Shore Assn and Protection of Rights Alliance Brief

Intervenor-Appellees–Cross-Appellants Combined Brief

Townships Brief

LTBB Reply

Lower court materials here.

Federal Court Decides Little Traverse Bay Bands of Odawa Indians v. Whitmer [formerly Snyder]

Here is the order:


Briefs here.

Case page here.

Updated Pleadings in Little Traverse Reservation Case

Here are the updated pleadings in Little Traverse Bay Bands of Odawa Indians v. Whitmer (W.D. Mich.):

568 Municipal Defendants Motion for Summary Judgment

572 Governor Motion to Dismiss on Jurisdiction

579 Property Owners Motion

582 Governor Motion for Summary Judgment

583 LTBB Motion for Partial Summary Judgment re Intervenors

586 LTBB Motion for Summary Judgment — Historical

591 Intervenors Response to 583

596 LTBB Response to 572

601 LTBB Reply in Support 583

603 Municipal Defs Response to 586

606 Governor Response to 586

608 Municipal Defs Response to 583

610 – Tribe’s Resp. in Opp. to Municipal Def. Motion for SJ

611 – Tribe’s Resp. Brief in Opp. to State’s Motion for SJ

612 – Tribe’s Resp. in Opp. to Associations Motion for SJ

Prior posts here and here.

Federal Court Rejects Counties/Cities & Tribe’s Motions in LTBB Reservation Boundaries Case

Here are the orders in Little Traverse Bay Bands of Odawa Indians v. Whitmer (W.D. Mich.):

554 dct order on defendants’ motion

555 dct order on tribe’s motion

Materials here.

News Commentaries on Little Traverse Reservation Boundaries Case

LTBB Chair Gina Gasco-Bentley: “Tribe seeks to protect own, not control others

Lance Boldrey: “Tribe seeks to reshape governance of region

More details on Little Traverse Bay Bands of Odawa Indians v. Snyder (W.D. Mich.) here.

IPR Profile on American Indian Treaty Rights in Michigan

Interlochen Public Radio continues its excellent profiles of northern Michigan history with “Looking Back: The Fight For American Indian Fishing Rights,” profiling Arthur Duhamel.Arthur Duhamel

Here’s my contribution:

The urgency was about more than fish. The federal government had ignored the poverty in Peshawbestown for generations. As Matthew Fletcher puts it, the federal government just stopped returning the tribe’s phone calls in the 1870s.

Fletcher teaches indigenous law at Michigan State University and is a member of the Grand Traverse Band. Fletcher says the tribe needed some way to make the federal government recognize its existence and asserting fishing rights under a treaty signed in 1836 was the way to do that.

“The United States does not sign a treaty with counties or corporations,” says Fletcher. “They sign treaties with nations.”