The state of Michigan missed a deadline to ask for a rehearing of an Indian taxation case but is still considering an appeal to the U.S. Supreme Court.

The 6th Circuit Court of Appeals said the state couldn't impose property taxes on land owned by members of the Keweenaw Bay Indian Community. By a 2-1 vote, the court said an 1854 treaty guaranteed a 59,840-acre reservation for the tribe.

The case could affect other tribal landowners whose property is not in trust but is still within reservation boundaries. At issue is whether Congress can open Indian land to taxation through a treaty or through an explicit statute..

In the case of the KBIC, there was no statute to consider. So the court fell back on the treaty that set aside the L'Anse Reservation.

Get the Story:
Keweenaw Bay victory could help landowners (Indian Country Today 7/28)

6th Circuit Decision:
Keweenaw Bay Indian Community v. Michigan (June 26, 2005)

Lower Court Decision:
Keweenaw Bay Indian Community v. Michigan (June 1, 2005)

Supreme Court Decision:
Cass County v. Leech Lake (June 8, 1998)

Relevant Links:
Keweenaw Bay Indian Community - http://www.ojibwa.com

Related Stories:
Michigan tribe wins another ruling in state taxation battle (06/30)
Judge says tribe must collect state tobacco taxes (09/16)
Judge rebuffs state's attempt to impose taxes on tribe (06/02)
Michigan tribe rejects talk of tax deal with state (03/18)
Members of Michigan tribe protest state tax deal (3/16)
Mich. tribe still considering state tax agreement (07/15)
State wants Mich. tribal members to pay taxes (06/10)