Sault Tribe wants 6th Circuit to reconsider stay in gaming case


Artist's rendering of the proposed Kewadin Lansing Casino. Image from Sault Ste. Marie Tribe of Chippewa Indians

The Sault Ste. Marie Tribe of Chippewa Indians in Michigan is asking the 6th Circuit Court of Appeals to reconsider its stay in a gaming case.

The court put a hold on the case while Attorney General Bill Schuette prepares an appeal to the U.S. Supreme Court. But the tribe says there's no guarantee the state's petition will be granted.

"There is no reasonable probability that the Supreme Court will grant certiorari to review this court’s decision," the tribe said in its motion to reconsider. "And it is the Tribe that will be irreparably injured by the issuance of a stay, not the state by failing to secure such relief."

At issue is whether the tribe can be sued for proposing the $245 million Kewadin Lansing Casino. In a December 28, 2013, decision, the 6th Circuit said nothing in the Class III gaming compact or the Michigan Indian Land Claims Settlement Act waived the tribe's sovereign immunity.

The tribe has not filed a land-into-trust application with the Bureau of Indian Affairs and hasn't taken other actions that would trigger federal review of the project.

Turtle Talk has posted the tribe's motion in the case, Michigan v. Sault Ste. Marie Tribe.

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

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