STATE OF MICUIGAN
CIRCUIT COURT FOR THE 30~~ JUDICIAL CIRCUIT
INOHAM COUETY
SAMUEL MUMA,
Plaintiff,
Case No. 12-265-CZ
Hon. Rosemarie E. Aquiluria
V
CITY OF FLINT FINANCTAL REVIEW
TEAM, in thei-r Official Capacity as the State
Appointed Financial Review Team for the City
of Flint undEr Public Act 4 of 2011, MICHAEL BROWN,
in his Official Capacity as the State Appointed
Emergency Manager for the City of Flint under
Public Act 4 of 2011, GOVERNOR RICK SNYDER,
in his Official Capacity as Governor for the State of
Michigan, and ANDY DILLON, in his Official Capacity
as the duly appointed Treasurer for the State of Michigan,
and in his Official Capacity as a member of the City
of Flint flnaficial Review Team, Jointly and Severally.
Defendants.
MILLER COUEN, P.L.C.
Robert 13. Fetter (P48816)
Keith 0. Flynn (P44192)
Attorneys for Plaintiffs
600 W. Lafayette 4th Floor
Detroit, Michigan 48226
(313) 964-4454
ASSISTANT ATTORNEYS GENERAL
Heather S. Meingast (P-55439)
Christopher W. Braverman (P-70025)
Attorneys for Defendants
.
.
P.O. Box 30754
Lansing, MI 48909
(517) 373-1162
DECLARATORY 31[J1)GMENT AND PERMANENT INJUNCTION
Upon a hearing held on March 20, 2012 where the parties had an opportunity
to be heard and the Court being fully advised in the premises;
IT IS HEREBY ORDERED that the October 5th, 2011, October 13~, 2011,
October 17th, 2011, October 21st, 2011, and November 7th, 2011 meetings of the Flint
Financial Review Team, which constitute all of the known meetings of the Flint
Financial Review Team, were held in violation of Sections 3(1), 3(2), 3(3), 3(5), 4, 7,
8, and 9 of the Open Meetings Act, MCL
*
15.261 et. seq.
IT IS FURTHER ORDERED that the Court finds that the Defendants’
noncompliance with the Open Meetings Act has impaired the rights of the public
under the Open Meetings Act.
IT IS FURTHER ORDERED that all actions, determinations, or decisions
of the Flint Financial Review Team, including the finding that a local government
financial emergency exist~ lathe City of Flint; the fmding that no satisfactory plan
exists to resolve that emergency, and the recommendation of the. appointment of an
emergency manager, are hereby invalidated pursuant to MCL
§
15.270(2). All
actions or decisions of Defendant Michael Brown and Defendant Governor Richard
Snyder regarding the City of Flint after October 5th, 2011, are also hereby
invalidated.
IT IS FURTHER ORDERED that the Flint Mayor and City Council are
reinstated.
-
IT IS FURTHER ORDERED that Plaintiff is entitled to a Permanent
Injunction, enjoining Defendants Michael K. Brown, Governor Richard Snyder,
Treasurer Andy Dillon, the Flint Financial Review Team, and any other person
appointed by the Defendants or anyone acting on their behalf, from taking any
action reserved to the Flint Mayor and City Council to govern and administer the
City of Flint pursuant to the Charter and Ordinances of the City flint.
IT IS FURTHER ORDERED that the Defendants are enjoined from further
non.coxnpliance with the Open Meetings Act pursuant to MOL
2
§
15.27 1(1).
IT IS FURTHER ORDERED that Defendants are compelled to comply with
the Open Meetings Act pursuant to MCL § 16.271(1) with respect to any actions
taken under the Local Government and School District Fiscal Accountability Act,
MCL § 141.1501 et seq.
IT IS FURTHER ORDERED that Defendants are assessed $1,000 in
exemplary damages, jointly and severally, pursuant to MCL § 15.273(1) for the
intentionsi violation of the Open Meetings Act.
IT IS FURTHER ORDERED that Plaintiff is. entitled to recover court costs
and actual attorney fees for the action pursuant to MCL § 15.27 1(4). Defendants
shall pay Plaintiffs attorney fees of $15,612.50 and $525.00 in costs.
IT IS FURTHER ODEWERED that the Court retains jurisdict~ion over this
matter in the event other equitable relief is necessary.
This is a final order that resolves all claims and closes the case.
IT IS SO ORDERED
Dated:
£3 ~19ZaMA
A~I~MA&L ~E’ha4i~t
j~L
ROSEMARIE E. AQIHYANAF8767&
CIRCUIT COURT SUitE
Approved as to form only:
Ma ‘It COREN, .L.C.
Robert D. Fetter (P-68816)41&c.oq,~,~
Keith D. Flynn (P44192)
Attorneys for Plaintiffs
600 W. Lafayette 4th Floor
Detroit, Michigan 48226
(313) 964-4454
XSTANTATfOIU’~EYS GENERAL
Heather S. Meingast (P-55439)
Christopher Braverman (P-70025)
Attorneys for Defendants
P.O. Box 30754
Lansing, MI 48909
(517) 373-1162
2012.0007499-A/Murna v City of Flint et aVS~ipQrder Inkoter
3