TAXPAYERS OF MICHIGAN AGAINST CASINOS v. STATE

Docket Nos. 225017, 225066.

657 N.W.2d 503 (2002)

254 Mich. App. 23

TAXPAYERS OF MICHIGAN AGAINST CASINOS and Laura Baird, Plaintiffs-Appellees/Cross-Appellants, v. The STATE of Michigan, Defendant-Appellant, and North American Sports Management Company, Inc, IV, and Gaming Entertainment, LLC, Intervening-Defendants-Appellants/Cross-Appellees.

Court of Appeals of Michigan.

Decided November 12, 2002, at 9:00 a.m.

Released for Publication February 20, 2003.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Barris, Sott, Denn & Driker, P.L.L.C. (by Eugene Driker, Leon S. Cohan, Morley Witus, and Thomas F. Cavalier), Special Assistant Attorneys General, Detroit, for the state of Michigan.

Warner Norcross & Judd LLP (by Robert J. Jonker, William C. Fulkerson, and Daniel K. DeWitt), Grand Rapids, for Taxpayers of Michigan Against Casinos and State Representative Laura Baird.

Dickinson Wright PLLC (by Peter H. Ellsworth and Jeffery V. Stuckey) and Dykema Gossett PLLC (by Richard D. McLellan, Bruce G. Davis, and Robert M. Horwitzi) for Gaming Entertainment, LLC.

Kimbal R. Smith, III for Senators George A. McManus, Jr., and Harry Gast, Jr., and House Speaker Charles Perricone, for Amici Curiae.

Before: HOOD, P.J., and HOLBROOK, Jr., and OWENS, JJ.


HOOD, P.J.

Defendant, state of Michigan, appeals as of right from the trial court's determination that legislative approval, by resolution, of compacts allowing operation of casinos by Indian tribes violated provisions of the Michigan Constitution.1 We affirm in part and reverse in part.

In 1997 and 1998, Governor John Engler negotiated compacts with four Indian tribes 2 to permit class III gaming by...

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