Case: 19-2070 Document: 69 Filed: 05/20/2020 Page: 1 No. 19-2070 In the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Plaintiff - Appellant Cross-Appellee, v. GOVERNOR GRETCHEN WHITMER, Governor of the State of Michigan, Defendant - Appellee, CITY OF PETOSKEY; CITY OF HARBOR SPRINGS; EMMET COUNTY, MI; CHARLEVOIX COUNTY, MI, Intervenors - Appellees Cross-Appellants, TOWNSHIP OF BEAR CREEK; TOWNSHIP OF BLISS; TOWNSHIP OF CENTER; TOWNSHIP OF CROSS VILLAGE; TOWNSHIP OF FRIENDSHIP; TOWNSHIP OF LITTLE TRAVERSE; TOWNSHIP OF PLEASANTVIEW; TOWNSHIP OF READMOND; TOWNSHIP OF RESORT; TOWNSHIP OF WEST TRAVERSE; EMMET COUNTY LAKE SHORE ASSOCIATION; THE PROTECTION OF RIGHTS ALLIANCE; CITY OF CHARLEVOIX; TOWNSHIP OF CHARLEVOIX, Intervenors - Appellees. Appeal from the United States District Court Western District of Michigan, Southern Division Honorable Paul L. Maloney BRIEF OF INTERVENORS – APPELLEES TOWNSHIP OF BEAR CREEK, TOWNSHIP OF BLISS, TOWNSHIP OF CENTER, TOWNSHIP OF CROSS VILLAGE, TOWNSHIP OF FRIENDSHIP, TOWNSHIP OF LITTLE TRAVERSE, TOWNSHIP OF PLEASANTVIEW, TOWNSHIP OF READMOND, TOWNSHIP OF RESORT, AND TOWNSHIP OF WEST TRAVERSE ORAL ARGUMENT REQUESTED Case: 19-2070 Document: 69 Filed: 05/20/2020 Page: 2 Submitted by: Thaddeus E. Morgan (P47394) Fraser Trebilcock Davis & Dunlap, P.C. Attorneys for the Intervenors – Appellees Township of Bear Creek, Township of Bliss, Township of Center, Township of Cross Village, Township of Friendship, Township of Little Traverse, Township of Pleasantview, Township of Readmond, Township of Resort, and Township of West Traverse 124 W. Allegan Street, Suite 1000 Lansing, Michigan 48933 (517) 482-5800 Case: 19-2070 Document: 69 Filed: 05/20/2020 Page: 3 No. 19-2070 In the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Plaintiff - Appellant Cross-Appellee, v. GOVERNOR GRETCHEN WHITMER, Governor of the State of Michigan, Defendant - Appellee, CITY OF PETOSKEY; CITY OF HARBOR SPRINGS; EMMET COUNTY, MI; CHARLEVOIX COUNTY, MI, Intervenors - Appellees Cross-Appellants, TOWNSHIP OF BEAR CREEK; TOWNSHIP OF BLISS; TOWNSHIP OF CENTER; TOWNSHIP OF CROSS VILLAGE; TOWNSHIP OF FRIENDSHIP; TOWNSHIP OF LITTLE TRAVERSE; TOWNSHIP OF PLEASANTVIEW; TOWNSHIP OF READMOND; TOWNSHIP OF RESORT; TOWNSHIP OF WEST TRAVERSE; EMMET COUNTY LAKE SHORE ASSOCIATION; THE PROTECTION OF RIGHTS ALLIANCE; CITY OF CHARLEVOIX; TOWNSHIP OF CHARLEVOIX, Intervenors - Appellees. DISCLOSURE OF CORPORATE AFFILIATIONS AND FINANCIAL INTEREST Pursuant to 6th Cir. R. 26.1, Township of Bear Creek makes the following disclosure: (Name of Party) 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, that has a financial interest in the outcome? No. /s/ Thaddeus E. Morgan 5/20/2020 (Signature of Counsel) Thaddeus E. Morgan (Date) i Case: 19-2070 Document: 69 Filed: 05/20/2020 Page: 4 No. 19-2070 In the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Plaintiff - Appellant Cross-Appellee, v. GOVERNOR GRETCHEN WHITMER, Governor of the State of Michigan, Defendant - Appellee, CITY OF PETOSKEY; CITY OF HARBOR SPRINGS; EMMET COUNTY, MI; CHARLEVOIX COUNTY, MI, Intervenors - Appellees Cross-Appellants, TOWNSHIP OF BEAR CREEK; TOWNSHIP OF BLISS; TOWNSHIP OF CENTER; TOWNSHIP OF CROSS VILLAGE; TOWNSHIP OF FRIENDSHIP; TOWNSHIP OF LITTLE TRAVERSE; TOWNSHIP OF PLEASANTVIEW; TOWNSHIP OF READMOND; TOWNSHIP OF RESORT; TOWNSHIP OF WEST TRAVERSE; EMMET COUNTY LAKE SHORE ASSOCIATION; THE PROTECTION OF RIGHTS ALLIANCE; CITY OF CHARLEVOIX; TOWNSHIP OF CHARLEVOIX, Intervenors - Appellees. DISCLOSURE OF CORPORATE AFFILIATIONS AND FINANCIAL INTEREST Pursuant to 6th Cir. R. 26.1, Township of Bliss makes the following disclosure: (Name of Party) 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, that has a financial interest in the outcome? No. /s/ Thaddeus E. Morgan 5/20/2020 (Signature of Counsel) Thaddeus E. Morgan (Date) ii Case: 19-2070 Document: 69 Filed: 05/20/2020 Page: 5 No. 19-2070 In the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Plaintiff - Appellant Cross-Appellee, v. GOVERNOR GRETCHEN WHITMER, Governor of the State of Michigan, Defendant - Appellee, CITY OF PETOSKEY; CITY OF HARBOR SPRINGS; EMMET COUNTY, MI; CHARLEVOIX COUNTY, MI, Intervenors - Appellees Cross-Appellants, TOWNSHIP OF BEAR CREEK; TOWNSHIP OF BLISS; TOWNSHIP OF CENTER; TOWNSHIP OF CROSS VILLAGE; TOWNSHIP OF FRIENDSHIP; TOWNSHIP OF LITTLE TRAVERSE; TOWNSHIP OF PLEASANTVIEW; TOWNSHIP OF READMOND; TOWNSHIP OF RESORT; TOWNSHIP OF WEST TRAVERSE; EMMET COUNTY LAKE SHORE ASSOCIATION; THE PROTECTION OF RIGHTS ALLIANCE; CITY OF CHARLEVOIX; TOWNSHIP OF CHARLEVOIX, Intervenors - Appellees. DISCLOSURE OF CORPORATE AFFILIATIONS AND FINANCIAL INTEREST Pursuant to 6th Cir. R. 26.1, Township of Center makes the following disclosure: (Name of Party) 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, that has a financial interest in the outcome? No. /s/ Thaddeus E. Morgan 5/20/2020 (Signature of Counsel) Thaddeus E. Morgan (Date) iii Case: 19-2070 Document: 69 Filed: 05/20/2020 Page: 6 No. 19-2070 In the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Plaintiff - Appellant Cross-Appellee, v. GOVERNOR GRETCHEN WHITMER, Governor of the State of Michigan, Defendant - Appellee, CITY OF PETOSKEY; CITY OF HARBOR SPRINGS; EMMET COUNTY, MI; CHARLEVOIX COUNTY, MI, Intervenors - Appellees Cross-Appellants, TOWNSHIP OF BEAR CREEK; TOWNSHIP OF BLISS; TOWNSHIP OF CENTER; TOWNSHIP OF CROSS VILLAGE; TOWNSHIP OF FRIENDSHIP; TOWNSHIP OF LITTLE TRAVERSE; TOWNSHIP OF PLEASANTVIEW; TOWNSHIP OF READMOND; TOWNSHIP OF RESORT; TOWNSHIP OF WEST TRAVERSE; EMMET COUNTY LAKE SHORE ASSOCIATION; THE PROTECTION OF RIGHTS ALLIANCE; CITY OF CHARLEVOIX; TOWNSHIP OF CHARLEVOIX, Intervenors - Appellees. DISCLOSURE OF CORPORATE AFFILIATIONS AND FINANCIAL INTEREST Pursuant to 6th Cir. R. 26.1, Township of Cross Village makes the following disclosure: (Name of Party) 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, that has a financial interest in the outcome? No. /s/ Thaddeus E. Morgan 5/20/2020 (Signature of Counsel) Thaddeus E. Morgan (Date) iv Case: 19-2070 Document: 69 Filed: 05/20/2020 Page: 7 No. 19-2070 In the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Plaintiff - Appellant Cross-Appellee, v. GOVERNOR GRETCHEN WHITMER, Governor of the State of Michigan, Defendant - Appellee, CITY OF PETOSKEY; CITY OF HARBOR SPRINGS; EMMET COUNTY, MI; CHARLEVOIX COUNTY, MI, Intervenors - Appellees Cross-Appellants, TOWNSHIP OF BEAR CREEK; TOWNSHIP OF BLISS; TOWNSHIP OF CENTER; TOWNSHIP OF CROSS VILLAGE; TOWNSHIP OF FRIENDSHIP; TOWNSHIP OF LITTLE TRAVERSE; TOWNSHIP OF PLEASANTVIEW; TOWNSHIP OF READMOND; TOWNSHIP OF RESORT; TOWNSHIP OF WEST TRAVERSE; EMMET COUNTY LAKE SHORE ASSOCIATION; THE PROTECTION OF RIGHTS ALLIANCE; CITY OF CHARLEVOIX; TOWNSHIP OF CHARLEVOIX, Intervenors - Appellees. DISCLOSURE OF CORPORATE AFFILIATIONS AND FINANCIAL INTEREST Pursuant to 6th Cir. R. 26.1, Township of Friendship makes the following disclosure: (Name of Party) 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, that has a financial interest in the outcome? No. /s/ Thaddeus E. Morgan 5/20/2020 (Signature of Counsel) Thaddeus E. Morgan (Date) v Case: 19-2070 Document: 69 Filed: 05/20/2020 Page: 8 No. 19-2070 In the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Plaintiff - Appellant Cross-Appellee, v. GOVERNOR GRETCHEN WHITMER, Governor of the State of Michigan, Defendant - Appellee, CITY OF PETOSKEY; CITY OF HARBOR SPRINGS; EMMET COUNTY, MI; CHARLEVOIX COUNTY, MI, Intervenors - Appellees Cross-Appellants, TOWNSHIP OF BEAR CREEK; TOWNSHIP OF BLISS; TOWNSHIP OF CENTER; TOWNSHIP OF CROSS VILLAGE; TOWNSHIP OF FRIENDSHIP; TOWNSHIP OF LITTLE TRAVERSE; TOWNSHIP OF PLEASANTVIEW; TOWNSHIP OF READMOND; TOWNSHIP OF RESORT; TOWNSHIP OF WEST TRAVERSE; EMMET COUNTY LAKE SHORE ASSOCIATION; THE PROTECTION OF RIGHTS ALLIANCE; CITY OF CHARLEVOIX; TOWNSHIP OF CHARLEVOIX, Intervenors - Appellees. DISCLOSURE OF CORPORATE AFFILIATIONS AND FINANCIAL INTEREST Pursuant to 6th Cir. R. 26.1, Township of Little Traverse makes the following disclosure: (Name of Party) 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, that has a financial interest in the outcome? No. /s/ Thaddeus E. Morgan 5/20/2020 (Signature of Counsel) Thaddeus E. Morgan (Date) vi Case: 19-2070 Document: 69 Filed: 05/20/2020 Page: 9 No. 19-2070 In the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, Plaintiff - Appellant Cross-Appellee, v. GOVERNOR GRETCHEN WHITMER, Governor of the State of Michigan, Defendant - Appellee, CITY OF PETOSKEY; CITY OF HARBOR SPRINGS; EMMET COUNTY, MI; CHARLEVOIX COUNTY, MI, Intervenors - Appellees Cross-Appellants, TOWNSHIP OF BEAR CREEK;