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U.S. v. BAY MILLS INDIAN COMMUNITY

No. M85-335CA.

692 F.Supp. 777 (1988)

UNITED STATES of America, Plaintiff, v. BAY MILLS INDIAN COMMUNITY, Saulte Ste. Marie Tribe of Chippewa Indians, Keweenaw Bay Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, and Hannahville Indian Community, Defendants.

United States District Court, W.D. Michigan, N.D.

August 11, 1988.

Attorney(s) appearing for the Case

John Smietanka, U.S. Atty., Daniel M. LaVille, Asst. U.S. Atty., Grand Rapids, Mich., for plaintiff.

Michigan Indian Legal Services, Michael D. Petoskey, Traverse City, Mich., for Hannahville Indian Community; Michael C. Parish, Sault Ste. Marie, Mich., of counsel.

Jeanette Wolfley, Native American Rights Fund, Boulder, Colo., for Bay Mills Indian Community.

Daniel T. Green, Sault Ste. Marie, Mich., Bruce R. Greene, Boulder, Colo., for Sault Ste. Marie Tribe of Chippewa Indians.

Garfield W. Hood, L'Anse, Mich., for Keweenaw Bay Indian Community.

William Rastetter, Cedar, Mich., for Grand Traverse Band of Ottawa and Chippewa Indians.

OPINION

HILLMAN, Chief Judge.

Factual Background

The United States filed this suit against five Indian tribes in November of 1985, requesting declaratory relief and a permanent injunction that would prohibit the tribes from operating casinos on tribal land in Michigan. The government alleges that defendants' activities are illegal under two federal criminal statutes: The Organized Crime Control Act of 1970, 18 U.S.C. § 1955 ("OCCA"...

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