Michigan Courts tossed out Bay Mills tribe's land claims to Charlotte Beach subdivision

In its opinion published March 2, 2001, the Michigan Court of Appeals, having considered an appeal in the case of:

Bay Mills Indian Community

v.

State of Michigan, State Board of Agriculture, Governor of Michigan, and Michigan State Universtiy Board of Trustees

(No. 218580, Claims Court, LC No. 96-016482-CM)

the court found:

"Factual background

"In 1855, the United States entered into a treaty with plaintiff 's predecessors, reserving certain land for them in Chippewa County. On June 16, 1856, before Congress ratified the treaty and before the land in this dispute could be withdrawn, the federal government issued land patents for the property to a non-Indian individual, Boziel Paul. These patents moved the land from the public domain to fee simple absolute private ownership.

"On October 12, 1857, Boziel Paul and his wife deeded the property to Kinsley S. Bingham, then Governor of Michigan, to be held in trust for the use and benefit of plaintiff 's predecessors, two bands of Ottawa and Chippewa Indians. The land was subsequently subjected to real property taxes, and the taxes went unpaid. In 1884 and 1885, Chippewa County brought suit for nonpayment of taxes. The auditor general then deeded the land to the third parties who had purchased the property at the tax sales.

"Over one hundred years later, on November 6, 1996, plaintiff, the successor of those Indians for whom the land was to be held in trust, brought an action in the Court of Claims, seeking monetary damages for the loss of enjoyment, use, rents, and profits of the land. The Court of Claims essentially concluded that the land was taxable, that its transfer at tax sale was proper, and that neither plaintiff nor its predecessors had been wrongfully deprived of the property and, accordingly, granted summary disposition for defendants."

And the Michigan Court of Appeals affirmed the Court of Claims earlier decision.

1. BAY MILLS INDIAN COMMUNITY
   218580 BAY MILLS INDIAN COMMUNITY v. STATE OF MICH
   Release Date: 3/2/2001
   Judge(s): PDO BKZ BBM
   Lower Court: COURT OF CLAIMS
   Lower Court No. 96-16482-CM
   COA Published Opinion - Authored - Published
   Official reported version loaded: 4/18/2001