Federal Judge Approves Chippewa Isabella Settlement Over AG's Objections

Separate Agreements Resolve Issues Between Indians, State, Local Government

November 28, 2010
By: Dave Rogers

Despite a strong objection by Michigan Attorney General Mike Cox, Federal Judge Thomas E. Ludington has approved a historic negotiated settlement of a lawsuit between the Chippewa Indian Tribe against the state.

The consent judgment allows the historic designation of five townships and two half townships in Isabella County as "Indian Country" to stand, subject to separate agreements between the state, the city of Mt. Pleasant and Isabella County.

Those separate pacts cover property and state income taxes, land in trust, law enforcement, environmental issues, child welfare and other aspects of civil procedure.

The consent judgment and the associated pacts finally resolving the 10-year-old lawsuit means that little will change in the historic 1855 Isabella Indian Reservation area.

The settlement was lauded by tribal chief Dennis V. Kequom, Sr., and former chiefs Audrey Falcon and Federico Cantu, Jr. as well as tribal council members Charmaine Benz and Frank J. Cloutier.

The lame duck attorney general pitted himself against the decision of the state executive branch headed by Gov. Jennifer Granholm, the federal government and local governmental units to settle the issue.

Mr. Cox, objected to the agreement declaring the 138,000 acres in question as "Indian Country." He said in a court filing that he believed that the government should defend the public interest in maintaining sovereignty over lands that have been treated as Michigan territory for 160 years.

He specifically complained that in approving the settlement "the executive branch is acting unilaterally without any mandate from the Legislature."

The AG contended in his objection that the agreement may jeopardize criminal convictions obtained by the state in the area in question.

Judge Ludington did not mention the AG's objection in his "joint summary and response to public comments."

The order dismissed complaints against the state, city and county with prejudice (meaning the plaintiff Chippewa must pay attorney fees) and retaining the court's jurisdiction to effectuate the order.

Deerfield, Denver, Isabella, Nottawa and Wise, plus the north halves of Chippewa and Union townships, including part of the city of Mt. Pleasant, are now legally confirmed as Indian country as defined by federal law.

Indian country also includes a small portion of land south of Remus Road in Chippewa Township that is held in trust for the tribe by the federal government.

The agreement also formally recognizes tribal land at Saganing in Arenac County as Indian country, although those two townships were not part of the lawsuit.

Isabella County Commissioner John Haupt was the only local objector to the settlement. Mr. Haupt said he expects the settlement to negatively impact the economy, cost local governments tax revenues and disrupt settled expectations between and among the tribe and other local governments.

The joint summary response to Mr. Haupt's objection said that the revenue agreements between "actually provide more funding for local governments if land is taken into trust, that what currently exists." The settlement "achieves permanency, certainty, and clarity as to the expectations of the parties," the statement asserted.

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