Feds Side With Chippewa in Huge Land Suit Against State - Schedule Sought
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The Chippewa Land Suit puts at risk about one third of Isabella County including part of the City of Mt. Pleasant, involving five townships and two half townships.
The U.S. Government is siding with the Saginaw Chippewa Tribe against the State of Michigan in the tribe's suit in federal court in Bay City to regain six townships of Isabella County granted in 1855.
In its filing, the U.S. claims "exclusive jurisdiction" to prosecute serious crimes committed by Indians on the Isabella Reservation and complains that the state does not recognize boundaries set aside in the federal treaties and has attempted to impose state income taxes on the Indians.
Government lawyers ask the court for a declaratory judgment that all lands within the boundaries of the original reservation are "Indian Country" as defined by federal law. Assistant Attorney General Sue Ellen Wooldridge is the lead U.S. counsel in the case.
Some observers believe the lawsuit is a strategic ploy by the Chippewa to negotiate state approval for use of the Saganing Reservation site for a casino. They note that the site, where a community center was opened last week, may be the only Indian land-in-trust located directly on the shores of the Great Lakes.
Reported plans leaked to local residents by Chippewa at the groundbreaking for the community center last year indicated the tribe is considering a pier to be constructed in Saginaw Bay for landing passengers from large boats and cruise ships.
Although the Chippewa deny any intention of opening a casino at Saganing, local sources note that highway improvements and traffic signals have been installed, apparently in connection with a major project. And a sewage treatment installation appears to be preparing for use of large numbers of people while only about 50 Chippewa live at Saganing.
Bay County officials who questioned tribal authorities about rumors of a casino reportedly were met with silence and received no answers.
Federal District Judge Thomas L. Ludington has granted the government extra time to hire two consultants, to prepare their case and for Congress to appropriate funds to for the litigation.
The suit puts at risk about one third of Isabella County including part of the City of Mt. Pleasant, involving five townships and two half townships. Much of the land in question was acquired by settlers over the 150 years since a treaty gave the property to the tribe.
How the suit will deal with the fact that homes, businesses and industries, and buildings of Central Michigan University, have been built on the land is uncertain.
The state's answer to the U.S. motion to intervene denies the court has jurisdiction to award damages or deprive the state of all jurisdiction over the alleged "Isabella Reservation."
The suit filed last year aims at returning to the Indians the townships of Wise, Nottawa, Isabella, Denver and Deerfield and the northern half of Union and Chippewa townships.
The property in question includes much of the City of Mt. Pleasant,the location of Central Michigan University, and runs west to Rosebush and north to Loomis. It involves approximately one-third of the entire county.
Judge Ludington has been asked by U.S. attorneys to set a lengthy schedule of court action stretching until May 30, 2008 for dispositive motions. The attorneys represent the U.S. Department of Justice Environment and Natural Resources Division. The client agency is the U.S. Department of the Interior, which is seeking funding from Congress for the litigation.
Expert consultants will testify on the meaning of the key terms of the 1855 and 1864 treaties, circumstances surrounding the negotiations and understanding among the parties, history of the lands in question and the formation of the Isabella Reservation.
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