Citizens for Public Accountability and Responsible Development (CPARD)

Us too. They always tell us they haven’t seen a plan from REIS. Well, here it is, right from Mr. Schostak’s own website…

http://schostak.com/documents/siteplan.pdf

…and here is how they are advertising all the nice giveaways the Board granted them in two meetings no one was able to attend…

http://schostak.com/documents/NorthvilleTownship.pdf

Yikes.

Welll at least we bought all of that land next to it that won’t be developed… oh, no, sorry… the Township Board also has designs on developing our park land.  Thanks Township Board!

… and their request is rapidly denied. The court will NOT be changing its ruling that the Board, including Supervisor Mark Abbo, violated the Open Meetings Act in regards to the REIS Litigation, specifically, the consent agreement.

Twp. Motion Requesting Appellate Court to Reconsider - DENIED (emphasis theirs)

Michigan Appeals Court has ruled in favor of CPARD in the matter of CPARD v. Northville Township Board of Trustees.

More to follow.

The opinion can be found here: Opinion - Per Curiam - Unpublished

More support for CPARDS position from one of the judges can be found here:Opinion - Partial Concurrence/Dissent

Please download the full resolution here:

Highland Lakes Corporate Resolution 09-03

We are certain more Homeowners Associations will weigh in. We believe HLCA represents about 1,500 registered voters alone.

A Wayne County Circuit Court judge dismissed an Opening Meetings Act lawsuit filed against Northville Township trustees on May 13, saying the officials did not violate the law.

In the case of Citizens for Public Accountability and Responsible Development vs. Northville Township, Judge John Gillis ruled postings for special meetings about a consent judgment between developer REIS and Northville Township on a 414-acre parcel were done properly and legally under the requirements of the Michigan Open Meetings Act, according to Ernie Essad Jr., attorney for the township.

The consent judgment was concerning the former Northville Regional Psychiatric Hospital property, owned by REIS, a partnership between developers Real Estate Interests Group and Schostak Brothers & Company.

The citizens’ group, known by the acronym CPARD, alleged that township officials committed a criminal act by intentionally holding meetings without properly notifying the public.

The group wanted trustees to actually rehold the meetings.

Township trustees, however, would not rehold the meetings because they said proper postings of all meetings had taken place.

Mark Abbo, township supervisor, said, “I am very pleased with the judge’s ruling.”

CPARD REACTS

Steve Emsley, spokesperson for CPARD, who was in the courtroom Wednesday morning, said Gillis awarded the township their motion for summary judgment rather abruptly.

“It was very apparent that this judge had not read the briefs and filings in their entirety,” Emsley said, “simply saying that they (township trustees) complied with the Open Meetings Act.”

According to Emsley, the posting for the final meeting early on the morning on July 29, 2008, during which trustees passed a resolution on the consent judgment, was available for only about three hours for public viewing prior to the July 29, 2008, meeting. The posting was made about 1:30 p.m. on July 28 for the early morning meeting on July 29. The Open Meetings Acts says posting must occur 18 hours before a special or closed session.

“The judge said that (the three-hour posting) was fine,” Emsley said.

CPARD members plan to appeal the case.

“He (Gillis) treated a nine-month Open Meetings Act lawsuit concerning an $800-million-development as if it was a simple traffic ticket,” Emsley said.

Emsley said the ruling ignores the rights given to the citizens of Michigan under the Open Meetings Act. He also said the Michigan Attorney General has given an opinion that if access to such notices is denied to the public for any part of the 18 hours, the Open Meetings Act requirement has not been met.

“In essence, what the judge said today is that such notices can be thumb-tacked to a bulletin board while the building is locked for 18 hours, and the requirement would have been met. That flies in the face of the intent of the Michigan Open Meetings Act. We will be appealing this decision as quickly and as vigorously as possible.”

“In 30 years of practicing law, I’ve never seen such a miscarriage of justice,” said Roland Jersevic, attorney for CPARD.

“The problem with it (the ruling) is simply this: We knew what the board was trying to do. The board was trying to hide what they were going to do with the consent judgment on the former hospital property, and they got caught. It’s that simple. It was an emotionally charged issue. They were taking a federal case and trying to settle it. But, they have to follow the Open Meetings Act.”

Emsley said the judge’s ruling indicates that denying public access to meeting notices is acceptable under the Open Meetings Act.

Diane Carlsen, a member of CPARD, was also in the courtroom on Wednesday.

“What I witnessed in a court of law this morning was disturbing,” Carlsen said.

“It was a travesty of justice being played out right before my eyes. The judge asked the opposing counsel what the consequences of his ruling would be if he ruled in CPARD’s favor. They replied that the consent judgment between Northville Township and REIS would go back to federal court. The judge acted like it would be horrible if the letter of the law was followed.

“He made the ruling in minutes,” she said. “He didn’t even hear the entire merits of our case. We never even got to our third point.”

Just a quick update.  The Circuit Court has had several unavoidable issues that have delayed the matter of CPARD v. Northville Township.  That is OK.  The wheels of justice have never been fast.

Over the past month the Township has put together a plan to ask the voters to pass a millage and purchase a large part of the property.  We are happy that they are looking for alternatives and listening to the public.  At this time however, some of us see it as a way of fixing the problems that they created with the consent agreement using our tax dollars.  Is it possibly the best outcome given the circumstances?  It could be.

When we have the full documentation I will post it for download on this site.

Given the vast amount of time between now and a millage vote, the desire to see fully disclosed details and pending litigation, CPARD, as a group, has no official position on the purchase of the property.  The purchase of the property may lead us to one of our main goals, but it does not negate the actions of the Board that led to the suit being filed nor the validity of the complaint.

Hospital site sale weighed

Hospital site sale weighed
Officials OK $23.5M deal for old psychiatric center land, contingent on passage of millage.
Steve Pardo / The Detroit News

NORTHVILLE TOWNSHIP — The township could become the owner of the majority of the 414-acre former psychiatric hospital site if voters approve an August millage to purchase the property.

Officials approved a letter of intent to buy about 330 acres of the land at Seven Mile and Haggerty from the development company REIS for $23.5 million.

“While the letter of intent does not now lock us into buying the property, it does allow us to meet with residents and decide if this is something that they believe we should pursue,” Township Supervisor Mark Abbo said Monday.

The deal would reduce the scope of the commercial development and would keep the mature trees on the site and preserve a green space, said Sue Hillebrand, township clerk. A brownfield development plan funded by the developable portion of the property would stay in place.

Any deal is contingent on voters approving a millage in order to raise the capital — an admitted tough burden to shoulder given these economic times, Abbo said.

“However, the board strongly felt that we needed to provide the voters the opportunity to let their voices be heard on this issue,” he said.

Steve Emsley, a member of the grass-roots group Citizens for Public Accountability and Responsible Development, says the issue has promise but more information is needed.

“We can’t support this initiative until our litigation is resolved,” he said.

After the hospital closed in 2003, the state struggled for two years to sell the property. In 2005, the site was sold for $31.5 million and REIS unveiled a $1 billion development plan designed to create an urban village of 1,000 homes and a commercial district with seven-story buildings.

The plan went against local ordinances in its scope and size and officials rejected the plan. The fallout led to a $100 million lawsuit being filed against the township by the developers. A development agreement was reached just days before the land was up for annexation to Livonia last August. Livonia residents voted down the issue, keeping the site on township soil.

You can reach Steve Pardo at (734) 462-2191.

We know you have probably seen the press release from the Township regarding the possible attempt to purchase a vast majority of the hospital property and limit the commercial development of the property that remains REIS owned.

There is very little detail available at this time other than the Township has signed a letter of intent to have the property appraised and the like.

CPARD will be meeting this weekend to see if we have enough detail to publish a meaningful response.  If we do we will then schedule a public meeting on the topic.

If you are not on the mailing list please add your name by sending an email to: cpardinfo@gmail.com

- Steve

CPARD and the Township agreed today in Circuit Court to throw out their subpoena for my (Steve Emsley) email and other documents.

More details will follow after the groups meets.

The county has denied Director Werth’s request on our behalf to have deer crossing signs put up on Seven Mile.  The county will not put up the signs until more deer are hit. There are currently two carcasses between Haggerty and Fry but we are not sure they count the “hits” unless they are reported.

Please report any accidents or carcasses you see to the Twp. police so that the signs can be put into place as soon as possible.

Our thanks to Director Werth.