STATE'S PHASE - turtletalk.files.wordpress.com · Case 1:15-cv-00850-PLM-PJG ECF No. 312-6 filed 03/28/18 ... including the identification, study, and handling of cultural ... 5th

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

LITTLE TRAVERSE BAY BANDS OF ODA WA INDIANS, a federally recognized Indian tribe,

Plaintiffs,

V.

RICK SNYDER, Governor of the State of Michigan,

Defendant.

No. l:15-cv-850

HON. PAULL. MALONEY

STATE'S SUPPLEMENTAL WITNESS DISCLOSURE

NOW COMES Defendant Rick Snyder (the State) and makes the following

supplemental disclosure concerning witnesses previously disclosed pursuant to Fed.

R. Civ. P. 26(a)(l)(A)(i) and (2)(A) as required in the court's second case

management order entered on July 28, 2016.

See prior State disclosures for other information, including databases and the

location of documents previously disclosed. All State witnesses should be contacted

through defense counsel. The State reserves the right to amend any and all of its

witness disclosures, whether by adding or removing names or altering or

supplementing any of the information provided. The State specifically reserves the

right to name experts in any discipline or subject matter named by any other party.

1 Exhibit E

Case 1:15-cv-00850-PLM-PJG ECF No. 312-6 filed 03/28/18 PageID.3298 Page 1 of 66

STATE'S PHASE I WITNESSES (NON-EXPERTS)

1. Walter Fratzke Tribal Liaison Bureau of Tax Policy Michigan Department of Treasury Richard H. Austin Building 430 West Allegan Street Lansing, MI 48922 (517) 241-2185

Potential subjects: Any tax-related controversy that the Little Traverse

Bay Bands of Odawa Indians (Tribe 1) claims requires the court to declare whether a

treaty with the United States created a reservation for the Tribe's predecessors that

continues to exist today. The exercise of state jurisdiction over taxes within the

area that the Tribe claims is a reservation, including the requirements and

implementation of the tax agreement between the State and the Tribe, including

amendments. The Michigan Department of Treasury's working relationship with,

policies, and procedures concerning or related to Indian tribes, including the Tribe.

2. Dennis Knapp Chief of Staff & Tribal Coordinator Executive Division Michigan Department of Natural Resources Constitution Hall 525 W. Allegan Street P.O. Box 30028 Lansing, MI 48909 (517) 243-1510

1 The term "Tribe" also includes all predecessors.

2 Exhibit E


Potential subjects: Any natural resources-related controversy that the

Tribe claims requires the court to declare whether a treaty with the United States

created a reservation for the Tribe's predecessors that continues to exist today. The

exercise of state jurisdiction over natural resources within the area that the Tribe

claims is a reservation, including the requirements and implementation of the

consent decrees concerning hunting, fishing, and other usufructuary rights that are

entered in United States v. Michigan, No. 2:73 CV 26 (W.D. Mich.), including

amendments. The Michigan Department of Natural Resources' working

relationship with, policies, and procedures concerning or related to Indian tribes,

including the Tribe.

3. Stacey Tadgerson Director Office of Native American Affairs Michigan Department of Health and Human Services 235 S. Grand Ave., Suite 601 Lansing, MI 48909 (517) 241-7752

Potential subjects: Any child or adult welfare-related controversy that the

Tribe claims requires the court to declare whether a treaty with the United States

created a reservation for the Tribe's predecessors that continues to exist today. The

exercise of state jurisdiction over child and adult welfare matters within the area

that the Tribe claims is a reservation, including the requirements and

implementation of the Michigan Department of Human Services' consultation

agreement with the Tribe. The Michigan Department of Health and Human

3 Exhibit E


Services' working relationship with, policies, and procedures concerning or related

to Indian tribes, including the Tribe.

4. The State discloses that it may call any witness disclosed or named by any

other party, all witnesses necessary for rebuttal, and witnesses necessary to provide

a foundation for documents, including record custodians.

STATE'S PHASE I EXPERTS

1. Dean Anderson, Ph.D. State Archaeologist State Historic Preservation Office Michigan State Housing Development Authority 702 West Kalamazoo P.O. Box 30740 Lansing, MI 48909-8240

Area of Expertise: Archaeology, including the identification, study, and

handling of cultural artifacts, human remains, and historical sites.

Expected Testimony: Dr. Anderson is expected to testify concerning

cultural artifacts, human remains, funerary items, and historical sites within the

area that the Tribe asserts is a reservation and any other archaeology-related

controversy that the Tribe claims requires the court to declare whether a treaty

with the United States created a reservation for the Tribe's predecessors that

continues to exist today. He may also address archaeology generally and handling

these artifacts, remains, and sites under state and federal laws, agreements, and

other cooperative efforts between and involving the State and Plaintiff.

4 Exhibit E


2. Scott Darragh, Ph.D. Tax Analysis Division Office of Revenue and Tax Analysis Michigan Department of Treasury Richard H. Austin Building 430 West Allegan Street Lansing, MI 48922

Area of Expertise: Economics and tax and revenue analysis.

Expected Testimony: Dr. Darragh is expected to testify concerning any

tax-related controversy that the Tribe claims requires the court to declare whether

a treaty with the United States created a reservation for the Tribe's predecessors

that continues to exist today. He may also address the exercise of state jurisdiction

over taxes within the area that the Tribe claims is a reservation.

3. Paul Driben, Ph.D. 166 College St. Thunder Bay, ON P7A 5J7 Canada

Area of Expertise: Ethnology and ethnohistory, Anishinaabe culture and

society.

Expected Testimony: Dr. Driben is expected to testify concerning the

ethnohistory of the Little Traverse Bay Bands of Odawa Indians (including its

predecessors). He may address the tribal understanding of the 1836 Treaty and

1855 Treaty, including negotiations and how land was to be ceded, reserved,

allotted, sold, and otherwise managed, held, or disposed of under both treaties. He

may also address aspects of the relationship the Little Traverse Bay Bands of

Odawa Indians had with the United States government, the State of Michigan, and

local units of government relevant to understanding the 1836 Treaty, the 1855

5 Exhibit E


Treaty, and subsequent developments and events through modern times relevant to

the Little Traverse Bay Bands of Odawa Indians' understanding of and claim to a

reservation.

4. Emily Greenwald, Ph.D. Historical Research Associates, Inc. 125 Bank St., Ste. 500 Missoula, MT 59802

Area of Expertise: History, including the history of federal Indian policy,

Native American history, and environmental history.

Expected Testimony: Dr. Greenwald is expected to testify concerning the

history surrounding the Little Traverse Bay Bands of Odawa Indians, including

their political predecessors in interest (collectively the Tribe). Her testimony is

expected to address the history surrounding the area the Tribe claims is a

reservation. Her testimony is also likely to include the Tribe's relationship with

and recognition by the United States through treaties, Congressional acts, and

other federal governmental actions, as well as other historical events, acts, and

records bearing on whether the Tribe currently possesses a permanent reservation

and whether that reservation has been diminished or disestablished.

6 Exhibit E


5. Eric Guthrie State Demographer Bureau of Labor Market Information & Strategic Initiatives Michigan Department of Technology, Management and Budget Victor Office Building 201 N. Washington Square 5th Floor Lansing, MI 48913

Area of Expertise: Demography.

Expected Testimony: Mr. Guthrie is expected to testify concerning the

population characteristics in the area the Tribe claims is a reservation over

different relevant periods of time, including its Indian and non-Indian composition.

He may also produce graphic illustrations and testify concerning other matters

related to tribal, state, and local demography.

6. Walter Linn Real Estate Closing Manager Real Estate Section Finance and Operations Division Michigan Department of Natural Resources Constitution Hall Third Floor, North Tower 525 West Allegan Street Lansing, MI 48909

Area of Expertise: State ownership interests managed by the Department

of Natural Resources, appraising property, and reviewing and interpreting land

descriptions.

7 Exhibit E


Expected Testimony: Mr. Linn is expected to testify concerning the State's

ownership interests in the area the Tribe claims is a reservation and any real estate

controversy the Tribe claims requires the court to declare whether a treaty with the

United States created a reservation for the Tribe's predecessors that continues to

exist today. He is also expected to testify regarding the public land survey system

used in Michigan referenced in treaties and any land title matters that may be

relevant.

7. Tony Olkowski Geographic Specialist Center for Shared Solutions Service Development and Delivery Michigan Department of Technology, Management and Budget Romney Building 111 S. Capitol Ave., lQth Floor Lansing, MI 48933

Area of Expertise: Geography, mapping, and geographic information

systems.

Expected Testimony: Mr. Olkowski is expected to testify concerning maps

of the area the Tribe claims is a reservation. He may also produce maps and other

graphic illustrations relevant to determining whether a treaty with the United

States created a reservation for the Tribe's predecessors that continues to exist

today.

8 Exhibit E


8. Gail Thompson, Ph.D. Historical Research Associates 1904 Third Ave., Ste. 240 Seattle, WA 98101

Area of Expertise: Archaeology, ethnohistory, aboriginal settlement and

subsistence, Native American treaty rights to lands and resources.

Expected Testimony: Dr. Thompson is expected to testify concerning the

ethnohistory of the Little Traverse Bay Bands of Odawa Indians (including its

predecessors). She may address the tribal understanding of the 1836 Treaty and

1855 Treaty, including negotiations and how land was to be ceded, reserved,

allotted, sold, and otherwise managed, held, or disposed of under both treaties. She

may also address aspects of the relationship the Little Traverse Bay Bands of

Odawa Indians had with the United States government, the State of Michigan, and

local units of government relevant to understanding the 1836 Treaty, the 1855

Treaty, and subsequent developments and events through modern times relevant to

the Little Traverse Bay Bands of Odawa Indians' understanding of and claim to a

reservation.

9. The State discloses that it may call any expert witnesses named by any other

party, all experts necessary for rebuttal, all experts necessary to provide a

foundation for documents, including record custodians.

9 Exhibit E


STATE'S PHASE II WITNESSES (NON-EXPERTS)

1. Walter Fratzke See address information above.

Potential subjects: The State's equitable defenses; expectations concerning

taxing jurisdiction and tax revenues; the Tribe's requested relief and its potential

impacts on revenue, taxation, tax administration and collection, and the tax

agreement between the State and the Tribe; and other matters related to the Tribe's

requested relief.

2. Dennis Knapp See address information above.


natural resources jurisdiction; the Tribe's requested relief and its potential impacts

on state natural resources ownership, management, and regulation; and other

matters related to the Tribe's requested relief.

3. Stacey Tadgerson See address information above.


child and adult welfare jurisdiction; the Tribe's requested relief and its potential

impacts on child and adult welfare; the availability of any alternatives to the relief

that the Tribe requests; and other matters related to the Tribe's requested relief.

4. The State discloses that it may call any witnesses disclosed or named by any

other party, all witnesses necessary for rebuttal, and witnesses necessary to provide

a foundation for documents, including record custodians.

10 Exhibit E


STATE'S PHASE II EXPERTS

1. Dean Anderson, Ph.D. See address and area of expertise information above.

Expected Testimony: The State's equitable defenses; expectations

concerning jurisdiction over cultural artifacts, human remains, funerary items,

historical sites, and other archaeology-related matters; the Tribe's requested relief

and its potential impacts on jurisdiction over cultural artifacts, human remains,

funerary items, historical sites, and other archaeology-related matters; the

availability of any alternatives to the relief that the Tribe requests; and other

matters related to the Tribe's requested relief.

2. Richard K. Carlisle, PCP, AICP Carlisle Wortman Associates, Inc. 605 S. Main St., Suite #1 Ann Arbor, MI 48104

Area of Expertise: Community planning.


concerning state and local jurisdiction and other community planning-related

matters; the Tribe's requested relief and its potential impacts to community

planning; and other matters related to the Tribe's requested relief. The potential

community planning issues include, but are not limited to, zoning and planning,

11 Exhibit E


emergency planning and management, economic development, law enforcement,

and other issues of concern to the State and local communities.

3. Scott Darragh, Ph.D. See address and area of expertise information above.


concerning jurisdiction over revenue and taxation and other tax-related matters;

the Tribe's requested relief and its potential impacts to revenue and taxation; and

other matters related to the Tribe's requested relief.

4. Eric Guthrie See address and area of expertise information above.

Expected Testimony: The State's equitable defenses; Indian and non

Indian populations potentially affected by the relief that the Tribe requests and

other demography-related matters; and other matters related to the relief the Tribe

requests. He may also produce graphic illustrations related to the relief that the

Tribe requests.

5. Walter Linn See address and area of expertise information above.


concerning jurisdiction over State ownership interests in the area the Tribe claims

is a reservation; real estate and title matters if relevant; the Tribe's requested relief

and its potential impacts to jurisdiction over State ownership interests, real estate,

and title matters; and other matters related to the relief the Tribe requests.

12 Exhibit E


6. Tony Olkowski See address and area of expertise information above.

Expected Testimony: The State's equitable defenses; maps of the area the

Tribe claims is a reservation and places where it seeks relief; and other matters

related to the relief the Tribe requests. He may also produce maps and other

graphic illustrations relevant to addressing the relief the Tribe requests.

7. The State discloses that it may call Dr. Greenwald, Dr. Driben, and/or Dr.

Thompson if it determines that their testimony or expertise is relevant to the

State's equitable defenses or addressing the relief the Tribe requests.

8. The State discloses that it may call any expert witnesses named by any other

party, all experts necessary for rebuttal, all experts necessary to provide a

foundation for documents, including record custodians.

Dated: August 19, 2016

Respectfully submitted,

Bill Schuette Attorney General ~ 1

~~Jna Levine (P5893~ Kelly M. Drake (P59071) Nathan L. Gambill (P75506) Assistant Attorneys General Environmental, Natural Resources, and Agriculture Division P.O. Box 30755 Lansing, MI 48909 (517) 373-7540 [email protected] Attorneys for Defendant

LF: LTBB v Snyder/#2015-0118437-A-L/Witness Disclosure - Supplemental 2016-8-17

13 Exhibit E



SOUTHERN DIVISION

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, a federally recognized Indian tribe, Plaintiffs, v. RICK SNYDER, Governor of the State of Michigan, et al., Defendant.

No. 1:15-cv-850 HON. PAUL L. MALONEY

STATE’S SECOND SUPPLEMENTAL DISCLOSURES FOR PHASE I

NOW COMES Defendant Rick Snyder (the State) and makes the following

second supplemental disclosures concerning witnesses previously disclosed

pursuant to Fed. R. Civ. P. 26(a)(1)(A), (2)(A), and (e). Though not required by the

court rules, this disclosure includes additional information concerning evidence for

Phase I of this litigation to avoid confusion by the parties.

These supplemental disclosures are in addition to and do not alter any of

the prior disclosures except to the extent identified below. See prior State

disclosures for other information, including other witnesses, experts, databases, and

the location of documents previously disclosed. All State witnesses should be

contacted through defense counsel. The State reserves the right to amend any and

all of its disclosures, whether by adding, removing, altering, or supplementing the

names and information provided.

Exhibit E


STATE’S PHASE I WITNESSES (NON-EXPERTS)

2. Dennis Knapp

Supplemental Information: Mr. Knapp has left state employment. He

may be contacted through counsel for the State.

STATE’S PHASE I EXPERTS

1. Dean Anderson, Ph.D.

Supplemental Information: The State has chosen to work with Dr.

Anderson as a consulting expert, not a testifying expert.

8. Gail Thompson, Ph.D.

Supplemental Information: Dr. Thompson is a contractor to Historical

Research Associates. The State has chosen to work with Dr. Thompson as a

consulting expert, not a testifying expert.

STATE’S PHASE I EVIDENCE

The State discloses that in Phase I it may rely on and use at trial any

evidence produced in any format (paper, electronic, or other) by any party or non-

party to this case that was filed, served, exchanged at or after depositions, or

otherwise provided to the attorneys for the parties in this case. This applies to all

evidence, regardless of any date associated with the evidence and regardless of

whether produced by plaintiff, the State, or any intervening defendant.

Exhibit E


Exhibit E


UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, a federally recognized Indian Tribe,

Plaintiff, v. RICK SNYDER, Governor of the State of Michigan, et al.,

Defendants,

Court File No. 15-cv-850 Hon. Paul L. Maloney

INTERVENORS’ CITY OF CHARLEVOIX AND CHARLEVOIX TOWNSHIP INITIAL DISCLOSURES PURSUANT TO RULE 26(A)(1)

Intervenors City of Charlevoix County and Charlevoix Township, (“Intervenors”)

through their attorneys, OLSON BZDOK AND HOWARD, P.C., make the following initial

disclosures pursuant to Fed. R. Civ. P. 26(a)(1). The Intervenors reserve the right to amend or

supplement these initial disclosures based on ongoing investigation and discovery.

DISCLOSURES REQUIRED UNDER FED. R. CIV. P. 26(A)(1)(i) AND (A)(2)(a):

Each of the officials or employees identified below are likely to have discoverable

information or may testify in Phase I as to matters relating to the “jurisdictional history” within

the boundaries of the City or Township or any other matter related to the claims to be

adjudicated in Phase I; each of the officials or employees identified below are likely to have

discoverable information or may testify in Phase II as to matters relating to the “equitable

defenses” or any other issue not adjudicated in Phase I and presented in the above captioned

Exhibit E


matter. Specific potential areas of discoverable information/testimony from each official or

employee are set forth below.

Charlevoix Township

1. Chuck Center Township Supervisor 12491 Waller Road Charlevoix, MI 49720 Potential subjects of information Phase I: Role of Charlevoix Township government in the claimed reservation area and failure to assert governmental power or reservation status; Historical relationship between the Tribe and the Charlevoix Township. Potential subjects of information Phase II: The potential disruptive effects that a declaration of a reservation would have on Township government.

2. Robert Rajewski Zoning Administrator 12491 Waller Road Charlevoix, MI 49720 Potential subjects of information Phase I: Failure to assert governmental power or reservation status with respect to zoning and planning in Charlevoix Township. Potential subjects of information Phase II: The potential disruptive effects that a declaration of a reservation would have on Township zoning and planning.

3. Sandra Witherspoon Township Clerk 12491 Waller Road Charlevoix, MI 49720 Potential subjects of information for Phase I: Authentication of documents and information; Location and authenticity of Township records. Potential subjects of information for Phase II: Authentication of documents and information; Location and authenticity of Township records.

4. Theda Williams Township Treasurer 12491 Waller Road Charlevoix, MI 49720

Exhibit E


Potential subjects of information Phase I: Failure to assert governmental power or reservation status with respect to taxation in the Township; Tax or fiscal documents and information for the Township. Potential subjects of information Phase II: Tax or fiscal documents and information for the Township; the potential disruptive effects that a declaration of a reservation would have on taxation in the Township.

5. Randy Holecheck Water Department Supervisor 12491 Waller Road Charlevoix, MI 49720 Potential subjects of information Phase I: Failure to assert governmental power or reservation status with respect to water service in Charlevoix Township. Potential subjects of information Phase II: The potential disruptive effects that a declaration of a reservation would have on maintenance and water services provided by the Township.

6. Dan Thorp, Fire Chief Dave Christiansen, Assistant Fire Chief 12491 Waller Road Charlevoix, MI 49720 Potential subjects of information Phase I: Failure to assert governmental power or reservation status with respect to fire services in the Township; intergovernmental or mutual aid agreements related to fire services for the Township. Potential subjects of information Phase II: The potential disruptive effects that a declaration of a reservation would have on fire services; intergovernmental or mutual aid agreements related to fire services for the Township.

City of Charlevoix

1. Mark Heydlauff

City Manager 210 State Street Charlevoix, MI 49720 Potential subjects of information Phase I: Role of City of Charlevoix government in the claimed reservation area and failure to assert governmental power or reservation status; Historical relationship between the Tribe and the City of Charlevoix.

Exhibit E


Potential subjects of information Phase II: The potential disruptive effects that a declaration of a reservation would have on City government.

2. Zach Panoff Interim City Planner 210 State Street Charlevoix, MI 49720 Potential subjects of information Phase I: Failure to assert governmental power or reservation status with respect to zoning and planning in the City of Charlevoix. Potential subjects of information Phase II: The potential disruptive effects that a declaration of a reservation would have on City zoning and planning.

3. Gerard Doan Police Chief 210 State Street Charlevoix, MI 49720 Potential subjects of information Phase I: Failure to assert governmental power or reservation status with respect to public safety services within the City of Charlevoix; City law enforcement and emergency/fire service practices, policies and procedures, including mutual aid or other agreements with the Tribe and shared jurisdiction with the Tribe. Potential subjects of information Phase II: The potential disruptive effects that a declaration of a reservation would have on public safety services; City law enforcement and emergency/fire service practices, policies and procedures, including mutual aid or other agreements with the Tribe and shared jurisdiction with the Tribe.

4. Pat Elliott Public Works Superintendent 210 State Street Charlevoix, MI 49720 Potential subjects of information Phase I: Failure to assert governmental power or reservation status with respect to City utilities and infrastructure, including water, wastewater, City streets, parks, and other City-owned infrastructure or properties. Potential subjects of information Phase II: The potential disruptive effects that a declaration of a reservation would have on City utilities and infrastructure, including water, wastewater, City streets, parks, and other City-owned infrastructure or properties.

Exhibit E


5. Kelly McGinn City Treasurer 12491 Waller Road Charlevoix, MI 49720 Potential subjects of information Phase I: Failure to assert governmental power or reservation status with respect to taxation in the City; Tax or fiscal documents and information for the City. Potential subjects of information Phase II: Tax or fiscal documents and information for the City; the potential disruptive effects that a declaration of a reservation would have on taxation in the City.

7. Joyce Golding City Clerk 12491 Waller Road Charlevoix, MI 49720 Potential subjects of information for Phase I: Authentication of documents and information; Location and authenticity of City records. Potential subjects of information for Phase II: Authentication of documents and information; Location and authenticity of City records. DOCUMENTS THAT MAY BE USED TO SUPPORT DEFENSES- RULE 26(a)(1)(A)(ii)

1. Documents in the possession, custody, and control of the City of Charlevoix,

Charlevoix Township and/or the City or Township Clerks which may be used to support

their defenses include, but are not limited to, (a) Meeting minutes, resolutions,

ordinances, and correspondence relating to the claims and reservation boundaries; (b)

Infrastructure and mutual aid agreements; and (c) Property tax and zoning records,

zoning maps, and other financial records of the City/Township.

2. Public record documents related to the negotiation, execution, ratification,

proclamation, and implementation of the relevant treaties and the related federal acts or

legislation applying to land within the reservation boundaries alleged in the complaint.

Exhibit E


5. Land title records pertaining to the matter recorded with the Charlevoix County

Register of Deeds.

COMPUTATION OF DAMAGES- RULE 26(a)(1)(A)(iii)

Not applicable.

INSURANCE AGREEMENTS- RULE 26(a)(1)(A)(iv)

Not applicable

Date: August 19, 2016 By:__/s/ Scott W. Howard_______________ Scott W. Howard (P52028) OLSON, BZDOK & HOWARD, P.C. 420 E. Front Street Traverse City, MI 49686 (231) 946-0044 [email protected]

Exhibit E


mailto:[email protected]

UNITED STATES DISTRICT COURTWESTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION

LITTLE TRAVERSE BAY BANDS OFODAWA INDIANS, a federally recognizedIndian tribe,

Plaintiff, Docket No: 15-850-vs-

JUDGE PAUL L. MALONEYRICK SNYDER, Governor of the State ofMichigan,

Defendant._____________________________________________________________________________/William A. Szotkowski (MN 161937)Jessica Intermill (MN 0346287) AndrewAdams III (MN 0392062)Hogen Adams PLLCAttorneys for Little Traverse BayBands of Odawa Indians1935 W. County Rd B2, Suite 460St. Paul, MN 55113Phone: (651) 842-9100Fax: (651) [email protected]@[email protected]

David K. Otis (P31627)PLUNKETT COONEYAttorneys for Intervenors EmmetCounty, Charlevoix County and Cities ofPetoskey and Harbor Springs325 E. Grand River Ave, Ste 250East Lansing, MI 48823(517) [email protected]

James A. Bransky (P38713)Attorneys for Little Traverse BayBands of Odawa Indians9393 Lake Leelanau DrTraverse City MI 49684-7713(231)946-5241Fax (231) [email protected]

Donna Budnick (P44291)Attorneys for Little Traverse BayBands of Odawa Indians7500 Odawa CircleHarbor Springs MI 49740-9692(231) 242-1424Fax (231) [email protected]

Exhibit E


2

Jaclyn Shoshana Levine (P58938)Kelly M. Drake (P59071)Nathan Gambill (P75506)Michigan Department of Attorney GeneralEnvironment, Natural Resources andAgriculture DivisionP.O. Box 30755Lansing MI 48909(517) [email protected]

Thaddeus E. Morgan (P47394)Fraser TrebilcockAttorneys for Emmet CountyTownships124 W. Allegan, Ste 1000Lansing MI 48933(517) [email protected]

James P. Feeney (P13335)Gary Gordon (P26290)R. Lance Boldrey (P53671)Dykema Gossett PLLCAttorneys for Intervenors ECLA andAlliance201 Townsend Street, Ste 900Lansing MI 48933(517) [email protected]@dykema.com_____________________________________________________________________________/

INTERVENORS’ COUNTY OF EMMET AND COUNTY OF CHARLEVOIXAND CITY OF PETOSKEY AND CITY OF HARBOR SPRINGS SUPPLEMENTAL

DISCLOSURES PURSUANT TO RULE 26(A)(1)

Intervenors Emmet County, Charlevoix County, City of Petoskey and City of

Harbor Springs, (“County-City Intervenors”) by and through their attorneys, PLUNKETT

COONEY, make the following supplemental disclosures pursuant to Fed. R. Civ. P. 26(a)(1).

These disclosures are based on information presently known and reasonable available to

these Intervenors and which these Intervenors reasonably believe they may use in support

of its claims and defenses. Continuing investigation and discovery may identify other

potential witnesses, documents, or other relevant information. The County-City

Intervenors therefore reserve the right to amend or supplement these initial disclosures.

Exhibit E


3

These disclosures are made without County-City Intervenors waiving their

rights to object to any discovery request or proceeding involving or relating to the subject

matter of these disclosures on any grounds, including competency, privilege, relevancy,

admissibility, or any other applicable grounds with regard to any person or document

disclosed.

DISCLOSURES REQUIRED UNDER FED. R. CIV. P. 26(A)(1)(A)(2):

Each of the officials or employees identified below may testify in Phase I to

the exclusive and longstanding jurisdiction of the County or City over areas mainly

populated by non-Indians, the failure of the Tribe to assert government power over non-

members and the justifiable expectation that the County or City exercised fully their

powers under the Constitution and laws of the State without objection from the United

States or the Tribe. They may further testify in Phase II to the disruptive practical

consequences of a determination that the reservation exists as asserted by the Tribe and a

determination that the Tribe may exercise governmental power over non-members or any

limitation in the exercise of government by local governments.

Further, other specific potential subjects of information from each official or

employee are set forth below.

A. EMMET COUNTY –

Phase I -

1. Tammy DournenburgEmmet County Planning and Zoning Director/ZoningAdministratorJohn R. Watson Community Resource Center3434 Harbor-Petoskey Road, Suite EHarbor Springs, MI 49740May be contacted through counsel

Exhibit E


4

Subjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theadministration and enforcement of Emmet County ZoningOrdinance and Map; Emmet County Master Plan; files andrecords of Emmet County Department of Planning and Zoning,including, but not limited to, any zoning permit issued to theTribe.

2. Lynette GirardEmmet County GIS/Equalization DirectorEmmet County Building200 Division Street, Suite 180Petoskey, MI 49770May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theEmmet County Geographic Information System; mapping ofsites/parcels within Emmet County; Administration of theGeneral Property Tax Act, Public Act 206 of 1893.

3. Martin J. KrupaEmmet County AdministratorEmmet County Building200 Division Street, Suite G74Petoskey, Michigan 49770May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theadministration of Emmet County government, policies andprocedures of County Departments; relations with Indiantribes, including the Tribe.

4. James R. LindermanEmmet County Prosecuting AttorneyEmmet County Building200 Division Street, Suite G Petoskey, Michigan 49770May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to non-members and non-trust lands.

5. Elisa SeltzerEmmet County Director of Public WorksEmmet County Building200 Division Street, G76Petoskey, Michigan 49770

Exhibit E


5

May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theEmmet County solid waste management and recyclingoperations and programs.

6. Marilyn MayEmmet County TreasurerEmmet County Building200 Division Street, Suite 170Petoskey, Michigan 49770May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theEmmet County revenue collection and property and other taxmatters.

7. Martin Van BerloEmmet County Building Official/Building Department DirectorJohn R. Watson Community Resource Center3434 Harbor-Petoskey Road, Suite E Harbor Springs, MI 49740May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theadministration and enforcement of building, electrical,mechanical, and plumbing codes; files and records of EmmetCounty Building Department.

8. Peter A. WallinEmmet County SheriffJeffrey P. Bodzick Administrative Office450 Bay StreetPetoskey, Michigan 49770May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to thelaw enforcement practices, policies, and procedures andinmate housing within Emmet County; relations with Tribe;files and records of Emmet County Sheriff’s Office, including,but not limited to, mutual aid/deputization agreements withthe Tribe.

Exhibit E


6

9. Juli WillinEmmet County Clerk200 Division Street, Suite 130Petoskey, MI 49770May be contacted through counselSubjects of information: Recognition of official documents andrecordkeeping for the County.

.Phase II –

1. Tammy DournenburgEmmet County Planning and Zoning Director/ZoningAdministratorJohn R. Watson Community Resource Center3434 Harbor-Petoskey Road, Suite EHarbor Springs, MI 49740May be contacted through counselSubjects of information: The disruptive effects on theadministration and enforcement of Emmet County ZoningOrdinance and Map; Emmet County Master Plan; files andrecords of Emmet County Department of Planning and Zoning,including, but not limited to, any zoning permit issued to theTribe resulting from the declaration of a reservation.

2. Martin J. KrupaEmmet County AdministratorEmmet County Building200 Division Street, Suite G74Petoskey, Michigan 49770May be contacted through counselSubjects of information: The disruptive effects on theadministration of Emmet County government, policies andprocedures of County Departments resulting from declarationof a reservation.

3. James R. LindermanEmmet County Prosecuting AttorneyEmmet County Building200 Division Street, Suite G Petoskey, Michigan 49770May be contacted through counselSubjects of information: The disruptive effects on practices,policies, and procedures related to law enforcement andprosecution of criminal laws and ordinances; child support andprotective proceedings; mental health commitments; crimevictims’ advocacy resulting from the declaration of areservation.

Exhibit E


7

4. Elisa SeltzerEmmet County Director of Public WorksEmmet County Building200 Division Street, G76Petoskey, Michigan 49770May be contacted through counselSubjects of information: The disruptive effects on EmmetCounty solid waste management and recycling operations andprograms resulting from the declaration of a reservation.

5. Marilyn MayEmmet County TreasurerEmmet County Building200 Division Street, Suite 170Petoskey, Michigan 49770May be contacted through counselSubjects of information: The disruptive effects on EmmetCounty revenue and property tax resulting from thedeclaration of a reservation.

6. Martin Van BerloEmmet County Building Official/Building Department DirectorJohn R. Watson Community Resource Center3434 Harbor-Petoskey Road, Suite E Harbor Springs, MI 49740May be contacted through counselSubjects of information: The disruptive effects onadministration and enforcement of building, electrical,mechanical, and plumbing codes resulting from the declarationof a reservation.

7. Peter A. WallinEmmet County SheriffJeffrey P. Bodzick Administrative Office450 Bay StreetPetoskey, Michigan 49770May be contacted through counselSubjects of information: The disruptive effects on lawenforcement practices, policies, and procedures and inmatehousing within Emmet County; relations with Tribe; files andrecords of Emmet County Sheriff’s Office, including, but notlimited to, mutual aid/deputization agreements with the Triberesulting from the declaration of a reservation.

Exhibit E


8

8. Juli WillinEmmet County Clerk200 Division Street, Suite 130Petoskey, MI 49770May be contacted through counselSubjects of information: The disruptive impact on recognition ofofficial documents and recordkeeping resulting from declaration of areservation.

B. CHARLEVOIX COUNTY –

Phase I –

1. W.D. SchneiderCharlevoix County Sheriff1000 Grant StreetCharlevoix, MI 49720-1674May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to non-members and non-trust lands.

2. Cheryl Potter BrowneCharlevoix County Clerk203 Antrim StreetCharlevoix, MI 49720May be contacted through counselSubjects of information: Recognition of official documents andrecordkeeping for the County.

3. Marilyn CousineauCharlevoix County Treasurer301 State StreetCharlevoix, MI 49720May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theCharlevoix County revenue collection and property and othertax matters.

Exhibit E


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4. Kevin SchlickauCharlevoix County Building Official301 State StreetCharlevoix, MI 49720May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theadministration and enforcement of building, electrical,mechanical, and plumbing codes; files and records ofCharlevoix County Building Department.

5. Brian KellyCharlevoix County GIS Coordinator301 State StreetCharlevoix, MI 49720May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theCharlevoix County Geographic Information System; mapping ofsites/parcels within Charlevoix County.

6. Allen TelgenhofCharlevoix County Prosecuting Attorney301 State StreetCharlevoix, MI 49720-1396May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to thepractices, policies, and procedures related to law enforcementand prosecution of criminal laws and ordinances; child supportand protective proceedings; mental health commitments;crime victims’ advocacy; relations with Tribe; files and recordsof Charlevoix County Prosecutor’s Office.

7. Patrick SuboskiCharlevoix County Equalization Director301 State StreetCharlevoix, MI 49720-1396May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theadministration of the General Property Tax Act, Public Act 206of 1893.

Exhibit E


10

8. Larry Feindt, P.S.Charlevoix County Surveyor217 Bridge StreetP.O. Box 18Charlevoix, MI 49720May be contacted through counselSubjects of information: The failure of the Tribe to assertgovernmental power or reservation status in relation to thehistoric land records and surveys of land in the County.

Phase II -

1. W.D. SchneiderCharlevoix County Sheriff1000 Grant StreetCharlevoix, MI 49720-1674May be contacted through counselSubjects of information: The disruptive impact on lawenforcement practices, policies, and procedures and inmatehousing within Charlevoix County; relations with Tribe;Sheriff’s Office, including, but not limited to, mutualaid/deputization agreements with the Tribe resulting from thedeclaration of a reservation.

2. Cheryl Potter BrowneCharlevoix County Clerk203 Antrim StreetCharlevoix, MI 49720May be contacted through counselSubjects of information: The disruptive impact on recognition ofofficial documents and recordkeeping resulting from declaration of areservation.

3. Marilyn CousineauCharlevoix County Treasurer301 State StreetCharlevoix, MI 49720May be contacted through counselSubjects of information: The disruptive effects on CharlevoixCounty revenue and property tax resulting from thedeclaration of a reservation.

Exhibit E


11

4. Kevin SchlickauCharlevoix County Building Official301 State StreetCharlevoix, MI 49720May be contacted through counselSubjects of information: The disruptive effects onadministration and enforcement of building, electrical,mechanical, and plumbing codes resulting from the declarationof a reservation.

5. Allen TelgenhofCharlevoix County Prosecuting Attorney301 State StreetCharlevoix, MI 49720-1396May be contacted through counselSubjects of information: The disruptive effects on practices,policies, and procedures related to law enforcement andprosecution of criminal laws and ordinances; child support andprotective proceedings; mental health commitments; crimevictims’ advocacy resulting from the declaration of areservation.

6. Patrick SuboskiCharlevoix County Equalization Director301 State StreetCharlevoix, MI 49720-1396May be contacted through counselSubjects of information: The disruptive effects onadministration of the General Property Tax Act, Public Act 206of 1893 resulting from the declaration of a reservation.

C. CITY OF PETOSKEY –

Phase I –

1. Robert StraebelCity Manager101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The failure of the Tribe toassert governmental power or reservation status in relation tothe practices, policies, and procedures related toadministration of city government, policies and procedures ofcity departments, relations with the Tribe.

Exhibit E


12

2. Dan RalleyFormer City Manager101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The failure of the Tribe toassert governmental power or reservation status in relation tothe practices, policies, and procedures related toadministration of city government, policies and procedures ofcity departments, relations with the Tribe.

3. George KorthaurFormer City Manager101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The failure of the Tribe to assertgovernmental power or reservation status in relation to thepractices, policies, and procedures related to administration ofcity government, policies and procedures of city departments,relations with the Tribe.

4. Alan TerryFinance Director/City Clerk101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: Recognition of official documents andrecordkeeping for the City.

5. Amy TweetenCity Planning Director101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The failure of the Tribe to assertgovernmental power or reservation status in relation to thepractices, policies, and procedures related to administrationand enforcement of city zoning ordinances, city master planand any land use issue or permit with the Tribe.

Exhibit E


13

6. John F. CalabresePublic Safety Director101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The failure of the Tribe to assertgovernmental power or reservation status in relation to non-members and non-trust lands.

7. Al HansenDirector of Parks and Recreation101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The failure of the Tribe to assertgovernmental power or reservation status in relation to thepractices, policies, and procedures related to administration ofthe parks and recreation system of the city and any relationswith the Tribe.

8. Michael RobbinsDPW Director101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The failure of the Tribe to assertgovernmental power or reservation status in relation to thepractices, policies, and procedures related to administration ofcity utility infrastructure, including water, wastewater, solidwaste and recycling and relations with the Tribe.

Phase II

1. Robert StraebelCity Manager101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The disruptive effect on theadministration of city government, policies and procedures ofcity departments resulting from declaration of a reservation.

Exhibit E


14

2. Alan TerryFinance Director/City Clerk101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The disruptive effect on recognitionof official documents and recordkeeping resulting fromdeclaration of a reservation.

3. Amy TweetenCity Planning Director101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The disruptive effect onadministration and enforcement of city zoning ordinances, citymaster plan and any land use regulations resulting fromdeclaration of a reservation.

4. John F. CalabresePublic Safety Director101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The disruptive effect on lawenforcement practices, policies and procedures, includingmutual aid or other agreements with the Tribe and relationswith the Tribe resulting from declaration of a reservation.

5. Al HansenDirector of Parks and Recreation101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The disruptive effect ofadministration of the parks and recreation system of the cityand any relations with the Tribe.

Exhibit E


15

6. Michael RobbinsDPW Director101 E. Lake StreetPetoskey, MI 49770May be contacted through counselSubjects of Information: The disruptive effect onadministration of city utility infrastructure, including water,wastewater, and solid waste resulting from declaration of areservation.

D. CITY OF HARBOR SPRINGS

Phase I –

1. Thomas C. RichardsFrederick W. Geuder, formerRonald B. McRae, formerCity Manager160 Zoll StreetHarbor Springs, MI 49740May be contacted through counselSubjects of Information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theadministration of city government, policies and procedures ofcity departments, relations with the Tribe.

2. Ronald B. McRaeAlan C. Terry, formerCity Clerk160 Zoll StreetHarbor Springs, MI 49740May be contacted through counselSubjects of Information: Recognition of official documents andrecordkeeping for the City.

3. Daniel BransonDean Rye, formerChief of Police160 Zoll StreetHarbor Springs, MI 49740May be contacted through counselSubjects of Information: The failure of the Tribe to assertgovernmental power or reservation status in relation to non-members and non-trust lands.

Exhibit E


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4. Lawrence NixPatrick Sterling, formerCity Planner160 Zoll StreetHarbor Springs, Mi. 49740May be contacted through counselSubjects of Information: The failure of the Tribe to assertgovernmental power or reservation status in relation to theadministration and enforcement of city zoning ordinances, citymaster plan and any land use issue or permit with the Tribe.

Phase II –

1. Thomas C. RichardsFrederick W. Geuder, formerRonald B. McRae, formerCity Manager160 Zoll StreetHarbor Springs, MI 49740May be contacted through counselSubjects of Information: The disruptive effect on theadministration of city government, policies and procedures ofcity departments, resulting from the declaration of areservation.

2. Ronald B. McRaeAlan C. Terry, formerCity Clerk160 Zoll StreetHarbor Springs, Mi. 49740May be contacted through counselSubjects of Information: The disruptive impact on recognitionof official documents and recordkeeping resulting fromdeclaration of a reservation.

3. Daniel BransonDean Rye, formerChief of Police160 Zoll StreetHarbor Springs, Mi. 49740May be contacted through counselSubjects of Information: The disruptive effect on lawenforcement practices, policies and procedures, includingmutual aid or other agreements with the Tribe and relationswith the Tribe resulting from declaration of a reservation.

Exhibit E


17

4. Lawrence NixPatrick Sterling, formerCity Planner160 Zoll StreetHarbor Springs, Mi. 49740May be contacted through counselSubjects of Information: The disruptive effect onadministration and enforcement of city zoning ordinances, citymaster plan and any land use regulations resulting fromdeclaration of a reservation.

DISCLOSURES REQUIRED UNDER FED. R. CIV. P. 26(A)(1)(A)(II):

The following documents are in the possession, control, or custody of these

Intervenors and may be used to support their affirmative and other defenses to the

complaint:

1. Records of each individual represented Intervenor relating to:

a. Records maintained by the Clerk, including, but notlimited to, meeting records, resolutions, ordinances,policies, procedures, agreements, and correspondence,including documents related to the Tribe;

b. Records maintained by County or City officers andindividual County or City departments related torelations with the Tribe, including but not limited to,memoranda and agreements related to infrastructureand facilities; law enforcement, mutual aid, data sharingand other matters of cooperation with the Tribe;

c. Emmet and Charlevoix County land title recordsmaintained by the Emmet or Charlevoix CountyRegister of Deeds;

d. Emmet and Charlevoix County property tax and otherfinancial records maintained by the Emmet orCharlevoix County Treasurer or by the Treasurer for theCity of Petoskey or Harbor Springs;

e. Information in the Emmet or Charlevoix CountyGeographic Information System;

Exhibit E


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f. Any and all documents, data, compilations, and tangiblethings provided by the Plaintiff to the Intervenorsrelated to its claims.

2. Documents related to the negotiation, execution, ratification,

proclamation, and implementation of the 1836 Treaty of Washington, 7 Stat 491.

Location: In the Public Record

3. Documents related to the negotiation, execution, ratification,

proclamation, and implementation of the 1855 Treaty of Detroit, 11 Stat 621.


4. Documents related to the legislative history of federal acts disposition

of or transferring ownership of public lands in Michigan, including lands within the

boundaries of these Defendants.


5. Documents related to Michigan citizenship of Native Americans


DISCLOSURES REQUIRED UNDER FED. R. CIV. P. 26(A)(1)(A)(III):

This lawsuit seeks declaratory and injunctive relief and does not involve a

claim for damages

Exhibit E


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DISCLOSURE REQUIRED UNDER FED. R. CIV. P. 26(A)(IV):

County-City Intervenors are not aware of any insurance agreement which

would satisfy all or part of a possible judgment in this action.

Respectfully submitted,

Dated: August 19, 2016 By:__/s/ David K. Otis____________________David K. Otis (P31627)PLUNKETT COONEYAttorney for County-City Intervenors325 E. Grand River, Ste 250East Lansing, MI 48823(517) [email protected]

Open.18288.53529.17306037-1

Exhibit E



SOUTHERN DIVISION LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, a federally recognized Indian tribe, Plaintiff, v RICK SNYDER, Governor of the State of Michigan, Defendant.

Court File No.: 15-cv-850 Hon. Paul L. Maloney

EMMET COUNTY TOWNSHIPS' SUPPLEMENTAL RULE 26 DISCLOSURES

Intervening Defendants Bear Creek Township, Bliss Township, Center Township,

Cross Village Township, Friendship Township, Little Traverse Township, Pleasantview

Township, Readmond Township, Resort Township and West Traverse Township (collectively

the "Emmet County Townships"), by and through their attorneys, Fraser Trebilcock, make the

following supplemental disclosures pursuant to Fed. R. Civ. P. 26(a)(1):

I. Individuals Likely to Have Discoverable Information- Rule 26(a)(1)(A)(i)

Phase I

1. Tammy Doernenburg County Planning and Zoning Director, Zoning Administrator John R. Watson Community Resource Center 3434 Harbor-Petoskey Rd., Suite E Harbor Springs, MI 49740 Potential subjects of information: Zoning in the Emmet County Townships; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

Exhibit E


2

2. W. Randolph Frykberg Little Traverse Township Planner and Resort Township Planner 8288 S. Pleasantview Road Harbor Springs, MI 49740 Potential subjects of information: Planning in the Emmet County Townships and assumptions and expectations regarding same; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

3. William Dohm Little Traverse Township Zoning Administrator and Supervisor 8288 S. Pleasantview Road Harbor Springs, MI 49740 Potential subjects of information: Zoning in the Emmet County Townships; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

4. Robert Wheaton Resort Township Supervisor and Assessor 5680 Resort Pike Road Petoskey, MI 49770 Potential subjects of information: Role of Resort Township government in the claimed reservation area; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

5. Larry Sullivan West Traverse Township Planner and Zoning Administrator 8001 S. M-119 PO Box 528 Harbor Springs, MI 49740-0528 Potential subjects of information: Zoning and planning in West Traverse Township and assumptions and expectations regarding same; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships;

Exhibit E


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Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

6. Robert Sandford West Traverse Township Supervisor PO Box 528 Harbor Springs, MI 49740-0528 Potential subjects of information: Role of West Traverse Township government in the claimed reservation area; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

7. Tom Urman Bear Creek Township Planner 373 North Division Petoskey, MI 49770-9333 Potential subjects of information: Planning in Bear Creek Township and assumptions and expectations regarding same; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

8. Dennis Keiser Bear Creek Township Supervisor and Assessor 373 North Division Petoskey, MI 49770-9333 Potential subjects of information: Role of Bear Creek Township government in the claimed reservation area; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

9. Joseph E. Hoffman Jr. Bear Creek Township Trustee 373 North Division Petoskey, MI 49770-9333 Potential subjects of information: Role of Bear Creek Township government in the claimed reservation area; Historical role of Township government and

Exhibit E


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jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

10. Philip Lechowicz Bliss Township Supervisor 6274 Pleasantview Rd. Levering, MI 49755-9110 Potential subjects of information: Role of Bliss Township government in the claimed reservation area; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

11. Chris Jurek Center Township Supervisor 1359 E. Robinson Rd. Pellston, MI 49769 Potential subjects of information: Role of Center Township government in the claimed reservation area; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

12. Gene Reck Cross Village Township Supervisor Community Center and Township Offices 5954 Wadsworth Cross Village, MI 49723 Potential subjects of information: Role of Cross Village Township government in the claimed reservation area; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

13. Frederick Troup Friendship Township Supervisor 8079 Troup Road Harbor Springs, MI 49740

Exhibit E


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Potential subjects of information: Role of Friendship Township government in the claimed reservation area; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

14. Gordon Kruskie Readmond Township Supervisor 6529 Island View Rd. Harbor Springs, MI 49740 Potential subjects of information: Role of Readmond Township government in the claimed reservation area; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

15. Richard Rule Pleasantview Township Planning Commission Chairman 2982 S. Pleasantview Rd. Harbor Springs, MI 49740-9327 Potential subjects of information: Planning in Pleasantview Township and assumptions and expectations regarding same; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships.

16. Jack Sommerville Pleasantview Township Zoning Administrator 2540 S. Pleasantview Rd. Harbor Springs, MI 49740-9327 Potential subjects of information: Zoning in Pleasantview Township; Historical relationship between the Tribe and the Emmet County Townships; Claims that the Tribe has asserted jurisdiction over and/or claimed a reservation in the Emmet County Townships, and the disruptive effects that a declaration of a reservation would have on Township government. (Phase II)

17. Robert Rogier Pleasantview Township Supervisor 2982 S. Pleasantview Rd.

Exhibit E


6

Harbor Springs, MI 49740-9327 Potential subjects of information: Role of Pleasantview Township government in the claimed reservation area; Historical role of Township government and jurisdiction in and over the claimed reservation area; Historical relationship between the Tribe and the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government. (Phase I and II) Phase II

1. Tammy Doernenburg County Planning and Zoning Director, Zoning Administrator John R. Watson Community Resource Center 3434 Harbor-Petoskey Rd., Suite E Harbor Springs, MI 49740 Potential subjects of information: Zoning in the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

2. W. Randolph Frykberg Little Traverse Township Planner and Resort Township Planner 8288 S. Pleasantview Road Harbor Springs, MI 49740 Potential subjects of information: Planning in the Emmet County Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

3. William Dohm Little Traverse Township Zoning Administrator and Supervisor 8288 S. Pleasantview Road Harbor Springs, MI 49740 Potential subjects of information: Zoning in the Emmet County Townships;; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

4. Joe Lavender Little Traverse Township Assessor

Exhibit E


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8288 S. Pleasantview Road Harbor Springs, MI 49740 Potential subjects of information: Assessments in Little Traverse Township; Role of Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that a declaration of a reservation would have on Township government.

5. Larry Houghton Resort Township Zoning Administrator Township Hall 2232 Resort Pike Road PO Box 848 Petoskey, MI 49770 Potential subjects of information: Zoning in Resort Township; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that a declaration of a reservation would have on Township government.

6. Robert Wheaton Resort Township Supervisor and Assessor 5680 Resort Pike Road Petoskey, MI 49770 Potential subjects of information: Role of Resort Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

7. Larry Sullivan West Traverse Township Planner and Zoning Administrator 8001 S. M-119 PO Box 528 Harbor Springs, MI 49740-0528 Potential subjects of information: Zoning and planning in West Traverse Township; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

8. Robert Sandford West Traverse Township Supervisor

Exhibit E


8

PO Box 528 Harbor Springs, MI 49740-0528 Potential subjects of information: Role of West Traverse Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

9. Brian Grimm West Traverse Township Assessor PO Box 528 Harbor Springs, MI 49740-0528 Potential subjects of information: Assessments in West Traverse Township; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships and the disruptive effects that a declaration of a reservation would have on Township government.

10. Tom Urman Bear Creek Township Planner 373 North Division Petoskey, MI 49770-9333 Potential subjects of information: Planning in Bear Creek Township; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

11. Dennis Keiser Bear Creek Township Supervisor and Assessor 373 North Division Petoskey, MI 49770-9333 Potential subjects of information: Role of Bear Creek Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

12. Philip Lechowicz Bliss Township Supervisor 6274 Pleasantview Rd. Levering, MI 49755-9110

Exhibit E


9

Potential subjects of information: Role of Bliss Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

13. Tom Wolf Bliss Township Assessor 03499 Pleasant Valley Rd. Boyne City, MI 49712 Potential subjects of information: Assessments in Bliss Township; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that a declaration of a reservation would have on Township government.

14. Chris Jurek Center Township Supervisor 1359 E. Robinson Rd. Pellston, MI 49769 Potential subjects of information: Role of Center Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

15. Tim Grimm Center Township, Cross Village Township, and Readmond Township Assessor 819 Ottawa Street Harbor Springs, MI 49740 Potential subjects of information: Assessments in Center, Cross Village, and Readmond Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that a declaration of a reservation would have on Township government.

16. Gene Reck Cross Village Township Supervisor Community Center and Township Offices 5954 Wadsworth Cross Village, MI 49723 Potential subjects of information: Role of Cross Village Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or

Exhibit E


10

exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

17. Frederick Troup

Friendship Township Supervisor 8079 Troup Road Harbor Springs, MI 49740 Potential subjects of information: Role of Friendship Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

18. Janell Van Divner Friendship Township Assessor 8774 Kawegoma Road Harbor Springs, MI 49740 Potential subjects of information: Assessments in Friendship Township; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that a declaration of a reservation would have on Township government. (Phase II)

19. Gordon Kruskie Readmond Township Supervisor 6529 Island View Rd. Harbor Springs, MI 49740 Potential subjects of information: Role of Readmond Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

20. Richard Rule Pleasantview Township Planning Commission Chairman 2982 S. Pleasantview Rd. Harbor Springs, MI 49740-9327 Potential subjects of information: Planning in Pleasantview Township; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

Exhibit E


11

18. Jack Sommerville Pleasantview Township Zoning Administrator 2540 S. Pleasantview Rd. Harbor Springs, MI 49740-9327 Potential subjects of information: Zoning in Pleasantview Township; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

19. Robert Rogier Pleasantview Township Supervisor 2982 S. Pleasantview Rd. Harbor Springs, MI 49740-9327 Potential subjects of information: Role of Pleasantview Township government in the claimed reservation area; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

20. Chief Al Welsheimer Resort and Bear Creek Fire Department Township Hall 2232 Resort Pike Road PO Box 848 Petoskey, MI 49770 Potential subjects of information: Emergency services in Resort and Bear Creek Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

21. Chief Dick Schiller

Harbor Springs Area Fire Department (Covers Little Traverse Township, West Traverse Township, Bliss Township, Friendship Township, Readmond Township and Pleasantview Township) 160 Zoll Street Harbor Springs, MI 49740 Potential subjects of information: Emergency services in Little Traverse, West Traverse, Bliss, Friendship, Readmond, and Pleasantview Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

Exhibit E


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22. Chief Chris Krupa

KFC Fire and Rescue (Covers Readmond Township, Friendship Township, Cross Village Township) 8338 W. Robinson Road Harbor Springs, MI 49740-9763 Potential subjects of information: Emergency services in Readmond, Friendship, and Cross Village Townships; Tribe's failure to assert jurisdiction over or exercise governmental power in the claimed reservation in the Emmet County Townships, and the disruptive effects that declaration of a reservation would have on Township government.

The Emmet County Townships reserve the right to supplement this list as discovery progresses, including adding individuals named by other parties.

II. Documents That May be Used to Support Defenses- Rule 26(a)(1)(A)(ii)

1. Documents in the possession, custody, and control of the Emmet County

Townships and/or Township Clerks which may be used to support their defenses include, but

are not limited to, the following:

a. Meeting minutes, resolutions, ordinances, and correspondence relating to the Tribe.

b. Infrastructure, park, and mutual aid agreements; and

c. Property tax and zoning records, zoning maps, and other financial records.


proclamation, and implementation of the 1836 Treaty of Washington, 7 Stat 491.


proclamation, and implementation of the 1855 Treaty of Detroit, 11 Stat 621.

4. Public record documents relating to the legislative history of federal acts disposing

of or transferring ownership of public lands in Michigan, including lands within the boundaries of

the Emmet County Townships.

Exhibit E


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5. Land title records pertaining to the Emmet County Townships recorded with and

maintained by the Emmet County Register of Deeds.

III. Computation of Damages- Rule 26(a)(1)(A)(iii)

Not applicable.

IV. Insurance Agreements- Rule 26(a)(1)(A)(iv)

Not applicable.

Respectfully submitted, FRASER TREBILCOCK Attorneys for Emmet County Townships Date: August 19, 2016 By: /s/ Thaddeus E. Morgan Thaddeus E. Morgan (P47394) 124 W. Allegan, Suite 1000 Lansing, MI 48933 Telephone: (517) 482-5800 Fax: (517) 482-0887 [email protected]

Exhibit E


Exhibit E


Exhibit E


Exhibit E


Exhibit E


Exhibit E


Exhibit E


Exhibit E


Exhibit E


Exhibit E


Exhibit E


Exhibit E


Exhibit E
