State Fairgrounds Development Coalition responds to Court of Appeals decision

Michigan Court of Appeals, without hearing oral argument, reversed the Temporary Restraining Order (TRO) issued by Wayne County 3rd Circuit Court Judge Sheila Ann Gibson

Late at night on Nov. 3, the Michigan Court of Appeals, without hearing oral argument, reversed the Temporary Restraining Order (TRO) issued by Wayne County 3rd Circuit Court Judge Sheila Ann Gibson which temporarily halted the sale of the State Fairgrounds. The Court of Appeals decided after receiving an emergency motion from the Duggan Administration.

We do not think the Court of Appeals should have stepped in front of the trial court before our motion was heard on Monday, November 9th. We know this happened because the City asserted that Amazon threatened to leave if they had to wait five more days for a hearing. The Court of Appeals did not dismiss the case but, by reversing the TRO, it is allowing the sale to proceed which, in our estimation, will cause irreparable harm to the community.

We know that we are on the right side of history and we will continue to stand against these harmful, no-bid, no-disclosure, "rocket-docket" sales of our public land. There are more processes that need to occur before Amazon can move in. Just like our advocacy won concessions in the first phase, we will continue to advocate for the community every step of the way.

Court orders that the October 28, 2020, temporary restraining order (TRO) is REVERSED. Wayne Co Circuit Court Hearing set for Nov. 9 cancelled.

Court of Appeals, State of Michigan

ORDER

State Fairgrounds Development Coalition v City of Detroit

Docket No. 355307 LC No. 20-013755-AW

Michael J. Riordan Presiding Judge

Cynthia Diane Stephens

Anica Letica Judges

The motion for immediate consideration is GRANTED. Because closing is scheduled to occur on November 4, 2020, at 10:00 a.m., defendants have demonstrated a need for immediate appellate review.

The motion to file a supplemental brief is GRANTED and the supplemental brief filed with the motion is accepted.

Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the Court orders that the October 28, 2020, temporary restraining order (TRO) is REVERSED. The trial court erred by granting the TRO without notice to defendants and failing to “describe the injury and state why it is irreparable and why the order was granted without notice.” MCR 3.310(B)(2)(b). The court also erred by failing to state the reason why no security was required. See MCR 3.310(D)(2). Further, the court erred by determining that plaintiffs had demonstrated a likelihood of success on the merits in this action for declaratory and mandamus relief. Plaintiffs failed to demonstrate entitlement to the “extraordinary remedy” of a writ of mandamus by showing that: (1) they had “a clear, legal right to performance of the specific duty sought,” (2) defendants had “a clear legal duty to perform,” (3) the act sought to be performed was ministerial, and (4) “no other adequate legal or equitable remedy exists that might achieve the same result.” Rental Properties Owners Ass’n of Kent Co v Kent Co Treasurer, 308 Mich App 498, 518; 866 NW2d 817 (2014). Plaintiffs also failed to demonstrate that defendants violated the Community Benefits Ordinance or the Community Outreach Ordinance. Accordingly, the TRO is REVERSED, the trial court shall not hold a show cause hearing, and no preliminary injunction shall be ordered.

This order shall have immediate effect. MCR 7.215(F)(2).

We do not retain jurisdiction. ______________________________

Michael J. Riordan, Presiding Judge

Stephens, J., concurs in the result but asserts that, in this instance, with the assigned judge being unavailable, the case should be reassigned to the alternate judge who may hold a preliminary injunction hearing and decide the merits of the prayer for injunctive relief.

Ruth Johnson demonstrates against the 'Un-fairgrounds' Deal The deal is being rushed through with Amazon developers and investors. "I'm tired of people telling me what's best for me without asking me."

photo: Emily Rose Bennett, Detroit Free Press

Protestors stand along Woodward Avenue at the Michigan State Fair Grounds, on Oct. 16, 2020, protesting against the 'Un-fairgrounds' Deal The deal is being rushed through with Amazon developers and investors.

photo: Emily Rose Bennett, Detroit Free Press

State Fairgrounds Development Coalition | MiFairgroundsFuture