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MICHIGAN v. STE. MARIE TRIBE OF CHIPPEWA INDIANS

No. 13-1438.

737 F.3d 1075 (2013)

State of MICHIGAN, Plaintiff-Appellee, v. The SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2013.

Attorney(s) appearing for the Case

ARGUED: Edward C. DuMont , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant. Louis B. Reinwasser , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Edward C. DuMont , Seth P. Waxman , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant. Louis B. Reinwasser , Kelly M. Drake , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. John F. Petoskey , Fredericks Peebles & Morgan LLP, Peshawbestown, Michigan, William A. Szotkowski , Jessica Intermill , Andrew Adams III , Hogen & Halloran, P.C., St. Paul, Minnesota, for Amici Curiae.

Before: ROGERS, STRANCH, and DONALD, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

The State of Michigan sued to enjoin the Sault Ste. Marie Tribe of Chippewa Indians from applying to have land taken into trust by the Secretary of the Interior pursuant to the Michigan Indian Land Claims Settlement Act (MILCSA). The Tribe bought land from the City of Lansing, Michigan for the purpose of building a class III gaming facility. To purchase the property, the Tribe used funds appropriated by Congress for the benefit...

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