LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Plaintiff-Appellant/Cross-Appellee,
v.
Gretchen WHITMER, Governor of the State of Michigan, Defendant-Appellee,
City of Petoskey, Michigan; City of Harbor Springs, Michigan; Emmet County, Michigan; Charlevoix County, Michigan, Intervenors Appellees/Cross-Appellants,
Township of Bear Creek; Township of Bliss; Township of Center; Township of Cross Village; Township of Friendship; Township of Little Traverse; Township of Pleasantview; Township of Readmond; Township of Resort; Township of West Traverse; Emmet County Lake Shore Association; The Protection of Rights Alliance; City of Charlevoix, Michigan; Township of Charlevoix, Intervenors-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: December 1, 2020.
Decided and Filed: May 18, 2021.
Attorney(s) appearing for the Case
ARGUED: David A. Giampetroni , KANJI & KATZEN, P.L.L.C., Ann Arbor, Michigan, for Little Traverse Bay Bands of Odawa Indians. Jaclyn Shoshana Levine , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Gretchen Whitmer. Jeffrey C. Gerish , PLUNKETT COONEY, Bloomfield Hills, Michigan, for City of Petoskey, City of Harbor Springs, Emmet County and Charlevoix County. R. Lance Boldrey , DYKEMA GOSSETT PLLC, Lansing, Michigan, for Appellees Emmet County Lake Shore Association and Protection of Rights Alliance. ON BRIEF: David A. Giampetroni , Riyaz A. Kanji , KANJI & KATZEN, P.L.L.C., Ann Arbor, Michigan, James A. Bransky , LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Traverse City, Michigan, for Little Traverse Bay Bands of Odawa Indians. Jaclyn Shoshana Levine , Kelly M. Drake , Laura R. LaMore , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Gretchen Whitmer. Jeffrey C. Gerish , PLUNKETT COONEY, Bloomfield Hills, Michigan, for City of Petoskey, City of Harbor Springs, Emmet County and Charlevoix County. R. Lance Boldrey , Jill M. Wheaton , Erin A. Sedmak , DYKEMA GOSSETT PLLC, Lansing, Michigan, for Emmet County Lake Shore Association and Protection of Rights Alliance. Thaddeus E. Morgan , FRASER TREBILCOCK DAVIS & DUNLAP, P.C., Lansing, Michigan, for Township of Bear Creek, Township of Bliss, Township of Center, Township of Cross Village, Township of Friendship, Township of Little Traverse, Township of Pleasantview, Township of Readmond, Township of Resort, and Township of West Traverse.
Before: BATCHELDER, CLAY, and BUSH, Circuit Judges.
OPINION
CLAY, Circuit Judge.
The Little Traverse Bay Bands of Odawa Indians (the "Band") appeal the district court's decision granting summary judgment to Defendant Governor Gretchen Whitmer, in which the court held that the Treaty of 1855 did not create an Indian reservation for the Band under federal law. The Band has lived in the State...
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