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TAXPAYERS OF MICH. AGAINST CASINOS v. STATE

Docket No. 225017.

708 N.W.2d 115 (2005)

268 Mich. App. 226

TAXPAYERS OF MICHIGAN AGAINST CASINOS and Laura Baird, State Representative in her official capacity, Plaintiffs-Appellees/Cross-Appellants, v. The STATE of Michigan, Defendant-Cross-Appellee, and Gaming Entertainment, LLC, and Little Traverse Bay Bands of Odawa Indians, Intervening Defendants-Appellants/Cross-Appellees, and North American Sports Management Co., Intervening Defendant.

Court of Appeals of Michigan.

Decided September 27, 2005, at 9:00 a.m.

Released for Publication December 27, 2005.

Attorney(s) appearing for the Case

Warner Norcross & Judd, L.L.P. (by Robert J. Jonker, William C. Fulkerson, Daniel K. DeWitt, and John J. Bursch), Grand Rapids, for Taxpayers of Michigan Against Casinos.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Barris, Sott, Denn & Driker, P.L.L.C. (by Eugene Driker and Thomas F. Cavalier), Special Assistant Attorneys General, for the state of Michigan.

Kanji & Katzen, P.L.L.C. (by Riyaz A. Kanji and Jennifer B. Salvatore), Ann Arbor, Drummond, Woodsum & MacMahon (by Kaighn Smith), Portland, ME and James Bransky, Harbor Springs, for the Little Traverse Bay Bands of Odawa Indians.

Dykema Gossett, P.L.L.C. (by Richard D. McLellan, R. Lance Boldrey, and Kristine N. Tuma), Lansing, for Gaming Entertainment, LLC.

Before: OWENS, P.J., and SCHUETTE and BORRELLO, JJ.

ON REMAND

SCHUETTE, J.

The issue presented to this Court on remand from our Supreme Court's decision in Taxpayers of Michigan Against Casinos v. Michigan, 471 Mich. 306, 333, 685 N.W.2d 221 (2004) (Taxpayers), is whether the amendatory provision in the tribal-state gambling compacts purporting to empower the Governor to amend...

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