By Staff
LANSING -- The Michigan State Supreme Court ruled Friday that the Michigan Legislature did not violate the state constitution when it approved four tribal casino compacts in 1998 by a resolution. The Supreme Court ruling upholds a 2002 ruling by the Michigan Court of Appeals that reversed a ruling in 1999 by Ingham County Circuit Judge Peter Houk.
The lawsuit, brought by Taxpayers of Michigan Against Casinos questioned the constitutionality of the process by which the Michigan Legislature ratified compacts between the State of Michigan and the Pokagon Band of Potawatomi Indians in New Buffalo; the Little Traverse Bay Bands of Odawa Indians in Petoskey; the Nottawaseppi Huron Band of Potawatomi in Battle Creek; and the Little Ridge Band of Ottawa Indians in Manistee. The compacts negotiated by former Governor Engler were ratified by resolutions in the legislature in December 1998.
In a 1999 ruling by Ingham County circuit Court Judge Peter Houk, Houk said the tribal compacts are laws and not simple agreements, prohibiting them from being passed through a resolution. A resolution requires a majority of votes from those members present. He said the only valid way to approve the compacts was to pass a bill. The Court of Appeals reversed that ruling saying the compacts were legal.
According to the lead opinion released Friday by Chief Justice Maura Corrigan, "we hold that the Legislature's approval of the compacts through House Concurrent Resolution 115 did not constitute legislation … the Legislature simply expressed its approval of valid contracts between two independent, sovereign entities."