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U.S. v. STATE OF MICH.

No. 91-CV-10103-BC.

882 F.Supp. 659 (1995)

UNITED STATES of America, on Behalf of the SAGINAW CHIPPEWA TRIBE and its members, Plaintiff, Saginaw Chippewa Indian Tribe of Michigan, on its own behalf and as parens patriae for its members, Plaintiff-Intervenor, v. STATE OF MICHIGAN, County of Isabella, City of Mount Pleasant, Union Township, Isabella Township, Denver Township, Chippewa Township, Steven Pickens, and Duane Sherwood, Defendants.

United States District Court, E.D. Michigan, Northern Division.

March 23, 1995.

Attorney(s) appearing for the Case

Michael J. Hluchaniuk, Asst. U.S. Atty., Bay City, MI, Lauren Soll, Dept. of Justice, Environmental & Natural Resources Div., Indian Resources Sec., Washington, DC, for plaintiff.

Frank R. Jozwiak, Seattle, WA, Michael Phelan, Saginaw Chippewa Indian Tribe, Mount Pleasant, MI, for plaintiff-intervenor.

R. John Wernot, Jr., Ross Bishop, Asst. Attys. Gen., State Affairs Div., Lansing, MI, for State of Mich.

Larry J. Burdick, Mark H. Duthie, Office of the Pros. Atty., Mt. Pleasant, MI, for County of Isabella, Isabella Tp., Denver Tp., Chippewa Tp., Steven Pickens.

Sue A. Jeffers, William J. Shirley, Mt. Pleasant, MI, for City of Mt. Pleasant.

Paul H. Chamberlain, Mt. Pleasant, MI, for Union Tp., Duane Sherwood.

MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS

CLELAND, District Judge.

I. Background

This matter is before the court on cross motions for summary judgment.1 This controversy arises from the levying of ad valorem property taxes by the defendants upon lands owned by individual members of the plaintiff Tribe or collectively by the Tribe itself.2

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