Defendant-Appellee. CITY OF SOUTHFIELD,

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1 STATE OF MICHIGAN CITY OF SOUTHFIELD, IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND Plaintiff, Case No AA JORDAN DEVELOPMENT COMPANY, L.L.C., a limited liability company, and WORD OF FAITH CHRISTIAN CENTER CHURCH, a non-profit corporation, Hon. -and- Defendants, MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Michigan, Defendant-Appellee. CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C. By: RONALD G. ACHO (P-23913) ELIZABETH RAE-O'DONNELL (P 41529) GREGORY A. ROBERTS (P-33984) Schoolcraft Road Livonia, MI (734) racho@ cmda-law.com erae@cmda-law.com groberts@cmda-law.com Attorneys for Plaintiff CITY OF SOUTHFIELD By: SUSAN P. WARD-WITOWSKI (P-31057) City Attorney Evergreen Road P.O. Box 2055 Southfield Michigan, (248) sward@cityofsouthfleld.com Attorneys for Plaintiff PLAINTIFF CITY OF SOUTHFIELD'S EX-PARTE MOTION FOR TEMPORARY RESTRAINING ORDER

2 CITY OF SOUTHFIELD REQUEST FOR EX-PARTE TEMPORARY RESTRAINING ORDER THE CITY OF SOUTHFIELD HAS A WOODLAND ORDINANCE THAT RESTRICTS THE CUTTING OF TREES. DEFENDANTS ARE PLANNING TO CUT DOWN AN ACRE AND A HALF OF TREES THAT ARE BETWEEN 100 AND 150 YEARS OLD. WITHOUT A TEMPORARY RESTRAINING ORDER, THE DEFENDNTS ARE GOING TO BEGIN CUTTING THE TREES DOWN THIS SUNDAY, MARCH 13th THE CITY HAS A MORATORIUM ON OIL AND GAS DRILLING, YET THE DEFENDANTS WANT TO BEGIN DRILLING FOR OIL. THE PERMIT THE DEQ ISSUED DEFENDANTS WAS INPROVIDENTALY GRANTED. YET, EVEN THAT PERMIT REQUIRES THE DEFENDANTS TO COMPLY WITH THE CITY OF SOUTHFIELD'S ORDINANCES AND DEFENDANTS REFUSE. IRRERARABLE HARM WILL OCCUR IF THIS EX- PARTE TRO IS NOT GRANTED.

3 NOW COMES the Plaintiff, CITY OF SOUTHFIELD, (hereinafter "City") by and through its attorneys, CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C., by RONALD G. ACHO and GREGORY A. ROBERTS, and for its Ex-Parte Motion for Temporary Restraining Order, states onto this Honorable Court as follows: 1. Simultaneously with the filing of this Ex-Parte Motion, the City has filed its Verified Complaint and Claim of Appeal and Motion for a Stay and/or Preliminary Injunction. Said Verified Complaint and Motion for injunctive relief are hereby incorporated by reference. 2. On March 8, 2016, the Michigan Department of Environmental Quality issued Permit No which allows for the drilling and operation of an oil well on the Word of Faith property in the City ofsouthfield, Michigan. (See Complaint, Exhibit 12: Permit). 3. The Plaintiff is suffering and will continue to suffer irreparable harm and injury which cannot be fully compensated at law. If the Ex-Parte Restraining Order is not granted, the City of Southfield and its residents will suffer 24 hours a day nuisance odors, nuisance noise, air and water pollution and the loss of, or harm to, one or more threatened and endangered species. (Exhibit A: Verified Complaint, Exhibit 15: Affidavit of Expert Witness, Christopher P. Grobbel). 5. Plaintiff is bringing this Motion pursuant to MCR 3.310(B)(1) and (2). As recited in the Verified Complaint and Claim of Appeal and Motion for a Stay and/or Preliminary Injunction, which are incorporated by reference hereto, Plaintiff has stated law, grounds and facts indicating a substantial likelihood they will prevail on the merits. 6. Plaintiff has no remedy at law that can ameliorate, mitigate or compensate the City for the ongoing tangible and intangible losses that will continue to accrue in the event Defendants are not enjoined from this conduct.

4 7. Plaintiff has contacted the attorney for Defendants Michael A. Cox, and has sent to Attorney Cox by , the Verified Complaint and Claim of Appeal, Motion for Ex-Parte Temporary Restraining Order, and Motion for a Stay and/or Preliminary Injunction, supporting Brief. Additional steps will be taken to ensure service on the other Defendant. WHEREFORE, Plaintiff, CITY OF SOUTHFIELD, requests this Honorable Court grant an Ex-Parte Temporary Restraining Order as follows: (1) That an Ex-Parte Temporary Restraining Order be issued, staying the effect of MDEQ Permit No until such time as the Court can hear Plaintiffs Motion for a Stay and/or Preliminary Injunction; (2) That an Ex-Parte Temporary Restraining Order be issued, and that Defendants Jordan Development Company and Word offaith Christian Church be restrained from taking any action on the permit until such time as this Court has rendered a decision on the evidence that the MDEQ's process was proper, fair and just; that the Permit should have issued; and (3) That an Ex-Parte Temporary Restraining Order be issued, and that Defendants Jordan Development Company and Word offaith Christian Church be restrained from taking any action on the permit until such time as this Court has rendered a decision on the evidence that the proposed work is subject to fair and reasonable controls that will avoid or mitigate the environmental and public health threats posed and that the anticipated nuisance will be mitigated to the extent reasonably practicable.

5 Respectfully submitted, Date: March 11,2016 /s/ Ronald G. Acho Ronald G. Acho (P-23913) CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C. Attorney for Plaintiff Schoolcraft Road Livonia, MI (734) cmda-law.com

6 STATE OF MICHIGAN CITY OF SOUTHFIELD, IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND Plaintiff, Case No AA JORDAN DEVELOPMENT COMPANY, L.L.C., a limited liability company, and WORD OF FAITH CHRISTIAN CENTER CHURCH, a non-profit corporation, Hon. Defendants. -and- MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Michigan, Defendant-Appellee. CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C. By: RONALD G. ACHO (P-23913) ELIZABETH RAE-O'DONNELL (P 41529) GREGORY A. ROBERTS (P-33984) Schoolcraft Road Livonia, MI (734) racho@cmda-law.com erae@cmda-law.com groberts@cmda-law.com Attorneys for Plaintiff CITY OF SOUTHFIELD By: SUSAN P. WARD-WITOWSKI (P-31057) City Attorney Evergreen Road P.O. Box 2055 Southfield Michigan, (248) sward@cityofsouthfield.com Attorneys for Plaintiff

7 PLAINTIFF CITY OF SOUTHFIELD'S BRIEF IN SUPPORT OF ITS EX-PARTE MOTION FOR TEMPORARY RESTRAINING ORDER NOW COMES the Plaintiff, CITY OF SOUTHFIELD, (hereinafter "City") by and through its attorneys, CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C, by RONALD G. ACHO and GREGORY A. ROBERTS, and for its Brief in Support of its Ex-Parte Motion for Temporary Restraining Order, states onto this Honorable Court as follows: In support of this Motion, Plaintiff relies upon MCR 3.310(B)(1) and (2). Plaintiff further relies upon its Verified Complaint and Claim of Appeal and Motion for a Stay and/or Preliminary Injunction, which have been filed simultaneously with the instant Motion. Said Verified Complaint and Motion for injunctive relief are hereby incorporated by reference WHEREFORE, Plaintiff, CITY OF SOUTHFIELD, requests this Honorable Court grant an Ex-Parte Temporary Restraining Order as follows: (1) That an Ex-Parte Temporary Restraining Order be issued, staying the effect of MDEQ Permit No until such time as the Court can hear Plaintiffs Motion for a Stay and/or Preliminary Injunction; (2) That an Ex-Parte Temporary Restraining Order be issued, and that Defendants Jordan Development Company and Word of Faith Christian Church be restrained from taking any action on the permit until such time as this Court has rendered a decision on the evidence that the MDEQ's process was proper, fair and just; that the Permit should have issued; and (3) That an Ex-Parte Temporary Restraining Order be issued, and that Defendants Jordan Development Company and Word of Faith Christian Church be restrained from taking any action on the permit until such time as this Court has rendered a decision on the

8 evidence that the proposed work is subject to fair and reasonable controls that will avoid or mitigate the environmental and public health threats posed and that the anticipated nuisance will be mitigated to the extent reasonably practicable. Respectfully submitted, Date: March 11, 2016 /s/ Ronald G. Acho Ronald G. Acho (P-23913) CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C. Attorney for Plaintiff Schoolcraft Road Livonia, MI (734)