Ann Arbor Area Civic Document Repository

This lawsuit was filed against the City of Ann Arbor alleging that e-mail exchanges during the February 17, 2009 Council meeting violated the Open Meetings Act. It claims that the City did not provide all the e-mails on request, and made unauthorized deletions, violating the Freedom of Information Act. The focus of the suit is the proposed underground parking structure and City Council’s deliberations about it.

The plaintiffs are Herb David Guitar Studio; Kiki Properties, LLC; Jerusalem Garden; and the Great Lakes Environmental Law Center. The defendant is the City of Ann Arbor. This is a Washtenaw County Circuit Court Suit. Case number is 09-945 CZ. It was assigned to Judge Archie Brown.

The suit alleges that the construction of the parking structure will be a nuisance, damaging the nearby business owners. It also alleges that the vibrations, noise and dust of construction will be a trespass on their properties. It is also claimed that the construction of the parking structure violates the Michigan Environmental Protection Act.

The suit asks the Court to declare that the City approved the project in violation of the Open Meetings Act and that the nondisclosure of documents violated the Open Meetings Act. It also asks the Court to enjoin Council members from engaging in any further private e-mail discussions during public meetings regarding the project or its funding.

The suit asks for a preliminary injunction prohibiting the City from constructing the project until a comprehensive study of its environmental impacts and possible alternatives is made.

Our thanks to Dave Cahill for contributing this synopsis.