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Soo Tribe off-reservation casino case headed to Supreme Court

Filed Under: Casino Stalker | Litigation
More on: 6th circuit, bia, immunity, land claims, land-into-trust, michigan, off-reservation, soo tribe, supreme court

Artist's rendering of the proposed Kewadin Lansing Casino.

The state of Michigan will ask the U.S. Supreme Court to hear an off-reservation gaming dispute involving the Sault Ste. Marie Tribe of Chippewa Indians.

The tribe acquired the site for the proposed Lansing Kewadin Casino in connection with the Michigan Indian Land Claims Settlement Act (MILSCA). A land-into-trust application has not been submitted to the Bureau of Indian Affairs.

In response to a lawsuit from the state, a federal judge told the tribe it could not start the land-into-trust process without getting approval from all of the state's tribes. However, the 6th Circuit Court of Appeals in December reversed and ruled that the MILSCA did not include a waiver of sovereign immunity.

The state asked the 6th Circuit to reconsider but the request was denied last week. So Attorney General Bill Schuette plans to file a petition with the Supreme Court.

A similar immunity issue was heard by the Supreme Court in another case brought by Michigan. A decision is due in Michigan v. Bay Mills Indian Community this spring.

Turtle Talk has posted documents from the 6th Circuit case, Michigan v. Sault St. Marie Tribe.

Get the Story:
Lansing casino case headed to US Supreme Court (The Lansing State Journal 2/15)
Atty. General To Take Lansing Casino Case To High Court (WLNS 2/14)

6th Circuit Decision:
Michigan v. Sault Ste Marie Tribe (December 18, 2013)

Related Stories:
6th Circuit takes up Soo Tribe off-reservation gaming dispute (10/03)

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