United States v. Michigan
United States District Court for the Western District of Michigan
No. 2:73-cv-00026 (2007)
- Written by Jamie Milne, JD
Facts
The 1836 Treaty of Washington involved the United States’ purchase of territory in Michigan from certain Indian tribes. Article 13 of the treaty stated that the tribes reserved the right to hunt and enjoy the usual privileges of occupancy on the ceded land until the land was required for settlement. In 1979, federal courts affirmed the ongoing validity of tribal treaty rights to fish on the Great Lakes. However, there was no judgment at that time regarding fishing, hunting, and gathering on inland territory. In 2003, the State of Michigan (plaintiff) filed a claim in federal court against the United States and five sovereign Michigan tribes (defendants) seeking clarification regarding the ongoing validity and scope of such inland treaty rights. Negotiations between the parties resulted in the district court’s approval of a mutually agreed-to consent decree.
Rule of Law
Issue
Holding and Reasoning ()
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