Attorney general challenges settlement in tribal lawsuit; Mount Pleasant Mayor Holton: ‘I still believe we do have a deal’

• Tweet
• 

State Attorney General Mike Cox filed an objection Thursday to the settlement recently reached in case disputing the Saginaw Chippewa Indian Tribe’s boundaries in mid-Michigan.

The settlement was between the tribe and several governing bodies, including the city of Mount Pleasant, Isabella County and the state of Michigan. It allows the tribe to expand boundaries to five townships and two and a half townships in Isabella County.

“I wish he came out with this 18 months ago, instead of after the fact,” said Mount Pleasant Mayor Jim Holton. “I still believe we do have a deal and I think the federal judge will rule that way.”

Frank Cloutier, public relations director the tribe, said Cox’s objection is unfortunate and the tribe will file a response with the federal government and Judge Thomas L. Ludington’s court.

“The governor, city, county and tribe are all in agreement except the attorney general,” Cloutier said.

Cox filed the objection in U.S. Federal Court in Bay City. He cited the settlement as inconsistent with the state’s jurisdiction, according to published reports and it limits law enforcement authority.

Holton said the groups, including a representative from the attorney general’s office, were present in closed-door mediation for eighteen months. As the settlement drew closer to becoming finalized, the attorney general’s office began having objections.

“We moved forward because we thought it was a good settlement for the tribe and citizens of Mount Pleasant,” Holton said.

Holton said Cox’s objection will be settled by Ludington and he hopes the judge will make the right decision. He acknowledged the city and tribe moved forward with the settlement before knowing Cox’s reaction because the federal government, governor, tribe and city agreed to the terms.

According to the settlement, local and tribal law enforcement will be cross-appointed. Laws broken on the reservation by American Indians will face tribal court for misdemeanors and federal court for felonies.

Zoning, rental, subdivision and land ordinances of the city apply to all residents regardless of their tribal status. The city will keep the right to administer the ordinances, but if legal action is necessary involving an American Indian, it will go to tribal court.

City water, sewer, drainage and refuse ordinances will be applied to everyone by the tribe and city. The tribe will adopt and enforce property upkeep ordinances and amend business licenses.