Little Traverse Bay Bands of Odawa Indians v. Snyder

OPINION AND ORDER BIFURCATING CASE AND GRANTING IN PART AND DENYING WITHOUT PREJUDICE IN PART PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Paul L. Maloney, United States District Judge

“ ‘Only Congress can divest a reservation of its land and diminish its boundaries,’ and its intent to do so must be clear.” Nebraska v. Parker, — U.S.-, 136 S.Ct. 1072, 1078-79, 194 L.Ed.2d 152 (2016) (quoting Solem v. Bartlett, 465 U.S. 463, 470, 104 S.Ct. 1161, 79 L.Ed.2d 443 (1984)). Even when a reservation exists and has not been diminished, however, a “long delay in seeking equitable relief ... [can]…