The Little Traverse Bay Band of Odawa Indians operates casinos in Petoskey and Mackinaw City, Michigan. Under the tribe’s gaming compact, it can open another gaming facility on land it owns in Emmet or Charlevoix counties, with local government approval. That is exactly what the tribe is proceeding to do. In August 2015 it sued the state of Michigan in U.S. District Court claiming treaties from 1836 and 1855 grant them sovereignty over 337 square miles of land and 103 miles of shoreline located in those two counties.
The case will be heard in two phases. District Court Judge Paul L. Maloney said the first phase will determine whether the reservation claimed by the tribe exists. Expert analysis and reports will be due June 30, 2017, followed by disclosure of rebuttal reports due September 18, 2017 and completion of discovery by April 23, 2018. If past treaties reveal the reservation exists, the second phase would involve sorting out the subsequent jurisdictional uncertainty.
Opponents to the action include the Emmet County Lakeshore Association and Protection of Rights Alliance, which were granted the right to intervene in the lawsuit. Emmet and Charlevoix Counties, the cities of Harbor Springs and Charlevoix and the eleven affected townships also were allowed to intervene in the case. They’re concerned that the tribe could allow Class II casino gaming on any of its properties, and that tribal sovereignty would take precedence over state and local laws.
