United States Sixth Circuit

Summary judgment for plaintiff, an American Indian tribe, entering a declaratory judgment that the Michigan General Property Tax Act was not valid as applied to real property held in fee simple by plaintiff or its members, is affirmed where: 1) a treaty disallowed involuntary alienation of real property held by plaintiff or its members; and 2) defendants failed to demonstrate a clear congressional intent that the lands allotted on a reservation be alienable and thus taxable.

Appellate Information

• Decided 06/26/2006
• Published 06/26/2006

Judges

• Before:  GUY, DAUGHTREY, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Todd B. Adams, Office of the Attorney General, Lansing, Michigan, for Appellants.  Vernle C. Durocher, Dorsey & Whitney, Minneapolis, Minnesota, for Appellee.   ON BRIEF:  Todd B. Adams, Office of the Attorney General, Lansing, Michigan, for Appellants.  Vernle C. Durocher, Mary J. Streitz, Dorsey & Whitney, Minneapolis, Minnesota, John R. Baker, Keweenaw Bay Indian Community, Baraga, Michigan, Stephen D. Turner, Gregory N. Longworth, Law, Weathers & Richardson, Grand Rapids, Michigan, for Appellee.