GRAND TRAVERSE BAND OF OTTAWA & CHIPPEWA INDIANS v. DIRECTOR MICH. D.N.R.

No. 96-1168.

141 F.3d 635 (1998)

GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS, Plaintiff-Appellee, v. DIRECTOR, MICHIGAN DEPARTMENT OF NATURAL RESOURCES, Defendant, Township of Leland; Village of Northport, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 15, 1998.

Rehearing and Suggestion for Rehearing Denied June 10, 1998.


Attorney(s) appearing for the Case

William Rastetter (argued and briefed), Cedar, MI, John F. Petoskey (briefed), Grand Traverse Band Legal Department, Suttons Bay, MI, for Plaintiff-Appellee.

William M. Davison, Cunningham, Davison, Beeby, Rogers & Alward, Stephen O. Schultz (argued and briefed), Foster, Swift, Collins & Smith, Lansing, MI, James L. Wernstrom, Thomas J. McGraw, Law, Weathers & Richardson, Grand Rapids, MI, for Director, Michigan Department of Natural Resources and Township of Leland.

Stephen O. Schultz, Foster, Swift, Collins & Smith, Lansing, MI, James L. Wernstrom, Thomas J. McGraw, Law, Weathers & Richardson, Grand Rapids, MI, for Village of Northport.

Before: JONES, NELSON, and RYAN, Circuit Judges.


JONES, J., delivered the opinion of the court, in which NELSON, J., joined. RYAN, J. (pp. 642-643), delivered a separate dissenting opinion.

OPINION

NATHANIEL R. JONES, Circuit Judge.

Defendants,1 the Village of Northport and the Township of Leland ("municipalities"), appeal from a partial grant of summary judgment for the Plaintiffs, the Grand Traverse Band of Ottawas and Chippewas...

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