Breaking News! The City Lost – Again, and Again

Interrupting your regularly scheduled programming to post two Michigan Supreme Court orders.

You may remember that I was awarded taxable costs by the Court’s clerk. The city council asked all seven members of the Michigan Supreme Court to review that award, and the Justices denied that review. This means that the Court agrees that I should receive $1146 in taxable costs.

Here is the order:

20200930 – Order denying review of costs

However, the most important ruling today was the Michigan Supreme Court’s denial of the city council’s request for a rehearing on the July 24th decision in my case.

Here is the order:

20200930 – Order denying rehearing

The court rules require the Court’s clerk to enter judgment “promptly” after denial of the motion for rehearing. Once that’s done, it means that records that are prepared, used, in the possession of, or retained by an official in the performance of an official function of a public body are public records that are subject to the Michigan Freedom of Information Act.

This is great news, and a victory not just for me and other Clarkston taxpayers, but also for any Michigan taxpayer living in a municipality that was operating under the framework suggested by our city attorney, (most of) our city council,  the attorneys hired by the Michigan Municipal League Liability and Property Pool, the Michigan Municipal League, the Michigan Townships Association, and the Michigan Association of Municipal Attorneys.

It’s not over, but today is a good day.