Michigan asks Supreme Court to hear Bay Mills gaming lawsuit

Monday, December 3, 2012  

Michigan Attorney General Bill Schuette is asking the U.S. Supreme Court to hear an Indian gaming lawsuit involving the Bay Mills Indian Community.

The state sued the tribe for opening an casino on a recently acquired site. A federal judged ordered the facility to be closed but the 6th Circuit Court of Appeals lifted the injunction in August.

The tribe has not reopened the casino but Schuette filed a petition with the Supreme Court on October 23, according to Docket No. 12-515. He's asking the court to consider whether the tribe has violated the Indian Gaming Regulatory Act and whether the tribe has waived sovereign immunity.

The Little Traverse Bay Bands of Odawa Indians was a part of the litigation but has declined to file papers with the Supreme Court, according to the docket sheet. The Bay Mills Indian Community filed a response on November 26.

The Bay Mills casino site was acquired in connection with the Michigan Indian Land Claims Settlement Act. The tribe believes the law requires the land to be treated as Indian land, as that term is defined by IGRA.

6th Circuit Decision:
Michigan v. Bay Mills Indian Community (August 15, 2012)

Editorial: Decision holds promise for off-reservation casinos (8/24)