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Law
State appeals Indian tax decision to high court


The state of Michigan is asking the U.S. Supreme Court to review a tax decision that went in favor of the Keweenaw Bay Indian Community.

The tribe took the state to court over property taxes imposed on land owned by individual Indians. The 6th Circuit Court of Appeals ruled that the state couldn't tax the land without authorization from Congress.

At issue is whether states can tax Indian land that was open to allotment by treaty or by Congressional statute. In the Keweenaw Bay case, there is only a treaty to consider.

The state filed its petition on September 21 [Docket Sheet].

Get the Story:
State opposes KBIC tax ruling (The Marquette Mining Journal 9/27)

6th Circuit Decision:
Keweenaw Bay Indian Community v. Michigan (June 26, 2005)

Lower Court Decision:
Keweenaw Bay Indian Community v. Michigan (June 1, 2005)

Supreme Court Decision:
Cass County v. Leech Lake (June 8, 1998)

Relevant Links:
Keweenaw Bay Indian Community - http://www.ojibwa.com

Related Stories:
State misses deadline on Indian taxation case (07/28)
Michigan tribe wins another ruling in state taxation battle (06/30)
Judge says tribe must collect state tobacco taxes (09/16)
Judge rebuffs state's attempt to impose taxes on tribe (06/02)
Michigan tribe rejects talk of tax deal with state (03/18)
Members of Michigan tribe protest state tax deal (3/16)
Mich. tribe still considering state tax agreement (07/15)
State wants Mich. tribal members to pay taxes (06/10)