In an Indian tribe’s action seeking injunctive relief from Michigan’s policy of taxing transactions involving the tribe and from Michigan’s reliance on an informal refund process to sort those immunities out on a case-by-case basis, judgment for Defendant is reversed, where the questions presented covered a myriad of hypothetical transactions and were too abstract and unsupported by specific facts.

Read Keweenaw Bay Indian Comm. v. Rising, No. 08-1585

Appellate Information

Argued April 30, 2009

Decided and Filed June 26, 2009

Judges

Opinion by Judge Merritt

Counsel

For Appellant:

Vernle Charles Durocher, Jr., Dorsey & Whitney LLP, Minneapolis, MN

For Appellees:

Kevin Joseph Moody, Miller, Canfield, Paddock & Stone, P.L.C., Lansing, MI

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