Federal Courts tossed out the Bay Mills Indians' Charlotte Beach land claims

Bay Mills Indian Community v. Western United Life Assurance Co.,

No. 99-1036, (6th Cir. March 8, 2000).

Plaintiff Bay Mills Indian Community filed a complaint asserting an interest in a parcel of property within the county. Bay Mills alleged various federal constitutional and statutory violations in connection with the 1884 ouster from the property of its predecessors in interest, two aboriginal Chippewa bands, and sought either equitable title to the property or damages equal to its value and damages for the loss of the use and enjoyment of the land since 1884.

The defendants, individuals and entities currently possessing various interests in the property, moved to dismiss the action under Federal Rules of Civil Procedure 12(b)(7) and 19 for failure to join an indispensable party, the Sault Ste. Marie Tribe of Chippewa Indians. The district court granted the defendants' motion and dismissed the plaintiff's complaint.

Affirmed by the 6th Circuit Court of Appeals, March 8, 2000.

http://www.msaj.com/papers/Wlcases.html

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