STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE

Similar documents
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISIONS. Chapter 9 Hon. Steven W. Rhodes Debtor.

STATE OF MICHIGAN MICHIGAN COURT OF APPEALS

Petition for Ex-Parte Order

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 3:07-cv SI Document 25 Filed 11/26/2007 Page 1 of 7

2:16-cv MAG-EAS Doc # 35 Filed 12/07/16 Pg 1 of 3 Pg ID 833 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BOARD COORDINATOR GENESEE COUNTY BOARD OF COMMISSIONERS 1101 BEACH STREET, ROOM 312 FLINT, MICHIGAN 48502

S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION

IN THE MATTER OF: MAHS Docket No.: Case Type: Issued and entered this 6 TH day of June, 2016 by: Kevin Scully Administrative Law Judge

Case 3:07-cv SI Document Filed 11/26/2007 Page 1 of 7

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRIEF IN OPPOSITION TO PETITION FOR ORDER LIFTING STAY INTRODUCTION

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN BAY CITY

STATE OF MICHIGAN COURT OF APPEALS

S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *

S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *

Original - Court 1st copy - Defendant CASE NO. JUDICIAL DISTRICT

dob Doc 72 Filed 06/19/17 Entered 06/19/17 14:58:29 Page 1 of 12

Case 1:14-cv GJQ Doc #34 Filed 04/16/15 Page 1 of 10 Page ID#352 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2 BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION. 3 In the matter of the application of MIDWEST ENERGY COOPERATIVE (i) for a

Enclosed, for electric filing, is Application of Midwest Energy Cooperative in the abovereferenced

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF KENT

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS

Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF FLORIDA

STATE OF MICHIGAN DEPARTMENT OF ATTORNEY GENERAL BILL SCHUETTE ATTORNEY GENERAL. November 3, 2017

thejasminebrand.com thejasminebrand.com

CHARTER TOWNSHIP OF FLUSHING 6524 N. SEYMOUR ROAD FLUSHING, MICHIGAN BOARD OF TRUSTEES MINUTES

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Miller, Canfield, Paddock and Stone, P.L.C. One Michigan Avenue, Suite 900 Lansing, Michigan TEL (517) FAX (517)

RECEIVED by MSC 3/13/2019 4:50:29 PM

Case 4:12-cv RC-DDB Document 66 Filed 09/16/13 Page 1 of 9 PageID #: 741

ANSWER PACKET NON-SPECIFIC INSTRUCTIONS ON PREPARING AN ANSWER

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMSHARES AND MOBILE HOMES

POVERTY AFFIDAVIT. This packet contains forms and information on: How to File a Case When You are Financially Unable

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION

Definitions of Legal Terms

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Plaintiff John David Emerson, for his Complaint against Defendant Timothy

STATE OF MICHIGAN COURT OF APPEALS

LEGAL NOTICE NOTICE OF CLASS ACTION IN ORDER TO RECEIVE A REFUND AS PART OF THIS CLASS ACTION SETTLEMENT, YOU ARE REQUIRED TO SUBMIT A WRITTEN CLAIM.

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

STATE OF MICHIGAN COURT OF APPEALS

IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE., Plaintiff/Petitioner, Dept. No.

PETITION FOR RULE TO SHOW CAUSE

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, FAIRNESS HEARING, AND MOTION FOR ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES

STATE OF MICHIGAN COURT OF APPEALS

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOMESTIC RELATIONS DIVISION STANDING ORDER

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

v No Oakland Circuit Court CHARTER TOWNSHIP OF WEST LC No CZ BLOOMFIELD,

January 5, Ms. Mary Jo Kunkle Executive Secretary Michigan Public Service Commission 6545 Mercantile Way, P.O. Box Lansing, MI 48911

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CERTIFICATE OF NO RESPONSE

STATE OF MICHIGAN. At the July 17,2000 meeting of the Michigan Public Service Commission in Lansing,

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS CIVIL DIVISION CITY OF LITTLE ROCK, ARKANSAS

Case 2:08-cv RBS Document 15 Filed 10/06/2008 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Note to Internet User: If you are acting as your own attorney (that is, if you are Pro Se ), scroll down to find blank forms you may use.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MOTION TO VACATE FINAL JUDGMENT OF FORECLOSURE AND INCORPORATED MEMORANDUM OF LAW

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

Revenue Chapter ALABAMA DEPARTMENT OF REVENUE ADMINISTRATIVE CODE

2:12-cv DPH-MKM Doc # 10 Filed 04/30/13 Pg 1 of 7 Pg ID 99 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

June 27, Kavita Kale Executive Secretary Michigan Public Service Commission 7109 West Saginaw Highway, 3 rd Floor Lansing MI 48909

DEFENDANT-SCHOOLS' REPLY BRIEF

No ATTORNEY GENERAL TROY KING S NOTICE OF APPEARANCE AND MOTION TO DISMISS OR DENY PETITION

Case 1:11-cv JTN Doc #102 Filed 03/27/12 Page 1 of 4 Page ID#560 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN (SOUTHERN DIVISION)

IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. No In re: MARTIN MCNULTY,

v No Court of Claims

STATE OF MICHIGAN COURT OF APPEALS

For Preview Only - Please Do Not Copy

PETITION FOR CITATION FOR CONTEMPT AND MODIFICATION OF CHILD SUPPORT

Doe v. Project Fair Bid, Inc. et al Doc. 1 Att. 1 EXHIBIT A. Dockets.Justia.com

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

IN THE COURT OF APPEALS OF MARYLAND. This Court s Standing Committee on Rules of Practice and

Woods et al v. Vector Marketing Corporation Doc. 276 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STATE OF MICHIGAN IN THE COURT OF APPEALS BRIEF OF THE SECRETARY OF STATE AND BOARD OF CANVASSERS IN RESPONSE TO COMPLAINT FOR MANDAMUS

2:12-cv PDB-PJK Doc # 22 Filed 10/02/12 Pg 1 of 3 Pg ID 1020 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

AMENDMENTS TO THE REGULATIONS ON INTER PARTES PROCEEDINGS (As amended by Office Order No. 18, s and as modified by Office Order No. 12, s.

POVERTY AFFIDAVIT. This packet contains forms and information on: How to File a Case When You are Financially Unable IMPORTANT

PREPARATION OF A TRIAL STATEMENT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. Plaintiffs, Case 2:10-cv v. HON.

Case 1:13-cv WHP Document 571 Filed 06/02/16 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

INSTRUCTION SHEET FOR CHANGING AN ADULT S NAME

February 6, Mary Jo Kunkle, Executive Secretary Michigan Public Service Commission 6545 Mercantile Way P.O. Box Lansing, MI 48911

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

STATE OF MICHIGAN COURT OF APPEALS

FILED: NEW YORK COUNTY CLERK 07/07/ :53 PM INDEX NO /2013 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 07/07/2015

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE SUPREME COURT OF THE UNITED STATES

IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE. Case No: CZ Hon. Cynthia Diane Stephens

Case 0:18-cv FAM Document 1 Entered on FLSD Docket 03/19/2018 Page 1 of 5

BYLAWS OF HEATHER CREEK HOMEOWNERS ASSOCIATION A Nonstock, Nonprofit Michigan Corporation

/ o i ' "" Plaintiff, ) ) MOTION TO COMPEL vs. )

CLERK UF ta(3urf SIIPREME COURT OF OHIO

JS EVANGELISTA DEVELOPMENT, LLC v. FOUNDATION CAPITAL RESOURCE...

CHARTER TOWNSHIP OF FLUSHING 6524 N. SEYMOUR ROAD FLUSHING, MICHIGAN SPECIAL MEETING OF THE BOARD OF TRUSTEES

STATE OF MICHIGAN COURT OF APPEALS

State of Michigan Ingham County Circuit Court

Transcription:

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE JOHN J. GLEASON, GENESEE COUNTY CLERK/REGISTER OF DEEDS in his official capacity as an elected official, Plaintiff/Petitioner, CASE NO. 13-100962-CL Hon. Donald E. Shelton v. COUNTY OF GENESEE, STATE OF MICHIGAN, Defendant/Respondent. Matthew T. Smith (P46754) CELESTE D. BELL (P41453) Travis W. Weber (P75397) CLARK HILL PLC Interim Corporation Counsel ANDREW C. THOMPSON (P67984) 212 East Grand River Ave. Assistant Corporation Counsel Lansing, Michigan (517) 318-3100 Genesee County Corporation Counsel 1101 Beach S t., Room 317 Attorneys for Plaintiff/Petitioner Flint, Michigan 48502 (810) 257-3050 Gary P. Gordon (P26290) Jason T. Hanselman ( P61813) DYKEMA GOSSETT PLLC 201 Townsend Street, Suite 900 Lansing, MI 48933 Telephone: (517) 374-9100 Facsimile: (517) 374-9191 Attorneys for Defendant/Respondent DEFENDANT/RESPONDENT COUNTY OF GENESEE S ANSWER TO PLAINTIFF/PETITIONER S COMPLAINT/PETITION FOR APPOINTMENT AND PAYMENT OF COUNSEL NOW COMES the Defendant/Respondent, the County of Genesee, by and through its attorneys, Celeste D. Bell, Interim Corporation Counsel, and Andrew C.

Thompson, Assistant Corporation Counsel, and Dykema Gossett PLLC, and do hereby res pond to Plaintiff/Petitioner s Complaint/Petition as follows: 1. Defendant/Respondent (the Respondent ) admits the allegations contained in Paragraph 1 of the Plaintiff/Petitioner s (the Petitioner ) Complaint/Petition (the Petition ). 2. Respondent states that it lacks the knowledge or information sufficient to form a belief as to the truth of Petitioner s belief regarding his constitutional duties or obligat ion as alleged in Paragraph 2 of the Petitioner s Respondent denies all remaining allegations of this Paragraph. 3. Respondent denies that Petitioner has requested legal assistance from the duly appointed corporation counsel, Celeste Bell ( Bell ), for the Respondent, for the reason that Bell is appointed as the Interim Corporation Counsel. Respondent admits the remaining allegations contained in Paragraph 3 of the 4. In response to this Paragraph, Respondent contends that the document speaks for itself. Respondent further denies any statement or implication contrary to the document, and other allegations contained in Paragraph 4 of the 5. Respondent admits that as of July 16, Bell had not responded to Petitioner s letter and that Plaintiff sent a second letter. Respondent contends that the document speaks for itself. Respondent further denies any statement or implication contrary to document, and other allegations of Paragraph 5 of the 6. Respondent admits that Bell sent an email response to the Petitioner on July 17, 2013, and that said email speaks for itself. Respondent denies any statement or implication contrary to document, and other allegations of Paragraph 6 of the 2

7. Respondent denies Paragraph 7 of the 8. Respondent states that it lacks the knowledge or information sufficient to form a belief as to the truth of the allegations regarding Petitioner s use of legal counsel contained in Paragraph 8. Respondent denies all remaining allegations of this Paragraph. 9. Respondent admits that, as stated in Bell s email of July 17, 2013, a conflict exists that would preclude the Office of Corporation Counsel to represent his office in an action against Genesee County. Respondent denies any remaining allegations contained in Paragraph 9. 10. Respondent admits the allegations contained in Paragraph 10 of the 11. Respondent admits that, in the context of a pending lawsuit in which the Petitioner is a defendant, Bell has acknowledged to the Petitioner his need for counsel and Genesee County s obligation pursuant to MCL 49.73 to employ counsel to represent him. Respondent denies any further statement or implication alleged in Paragraph 11 of the 12. Respondent denies all allegations contained in Paragraph 12 of the 13. Respondent denies that Petitioner has any authority to pay for legal services out of his budget or to initiate a lawsuit in his official capacity as Genesee County Register of Deeds. Respondent admits that, if he were to do so, it would certainly exacerbate circumstances of his department, which he claims is underfunded. Respondent denies any further allegations contained in Paragraph 13 of the 3

14. Respondent admits that resolution of the budgetary issues between the Petitioner s office and the Genesee County Board of Commissioners is of public interest and benefit to the residents of the County. Respondent denies any further allegations contained in Paragraph 14 of the 15. Respondent pleads no contest to Paragraph 15 of the 16. Respondent states that it lacks the knowledge or information sufficient to form a be lief as to the truth of the allegations contained in Paragraph 16 of the In addition, see Respondent s response to Paragraph 8. 17. Respondent states that it lacks the knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 17 of the In addition, see Respondent s response to Paragraph 8. 18. Respondent denies the allegations of Paragraph 18 of the 19. Respondent denies the allegations contained in Paragraph 19 of the 20. Respondent denies the allegations contained in Paragraph 20 of the In further response, initiating litigation in his official capacity as Register of Deeds exceeds Petitioner s statutory authority and is an ultra vires act. 21. Respondent denies the allegations contained in Paragraph 21 of the 22. Respondent admits that Petitioner, just as any county department head, may be forced to request overtime in the upcoming budget year. Respondent denies that such a request will automatically further exacerbate the county or department s 4

financial situation, and further denies any other allegation or implication contained in Paragraph 22. 23. Respondent admits the allegations contained in Paragraph 23 of the 24. Respondent denies Paragraph 24 of the 25. Respondent admits that an affidavit is attached to the Petition, but denies that the document accurately and truthfully presents the situation. September 12, 2013 BY: Celeste D. Bell (P41453 ) Interim Corporation Counsel cbell@co.genesee.mi.us Andrew C. Thompson (P67984) Assistant Corporation Counsel athompson@co.genesee.mi.us Attorneys for Defendant County of Genesee 1101 Beach Street, Room 317 Flint, MI 48502 (810) 257-3050 AFFIRMATIVE DEFENSES NOW COMES the Defendant/Respondent, the County of Genesee, by and through its attorneys, Celeste D. Bell, Interim Corporation Counsel, and Andrew C. Thompson, Assistant Corporation Counsel, and to set forth its Affirmative Defenses, states as follows: 1. Petitioner lacks statutory authority to initiate litigation and therefore lacks standing to bring this case. Hertel v Mortgage Electronic Registration Systems, Inc., 5

Case No. 1:12-cv-00174-RHB (May 3, 2013) (Attached as Exhibit A) ( Michigan statutes expressly define the powers of registers of deeds, Mich. Comp. Laws 53.89-53.94, but no statute authorizes a register of deeds to file lawsuits. ); Citizens for Protection of Marriage v Bd of State Canvassers, 688 NW2d 538, 541 (2004) ( An agency has no inherent power. Any authority it may have is vested by the Legislature, in statutes, or by the Constitution). 2. Recovery of attorney fees is permitted only where expressly authorized by statute or court rule, and no relevant statute or rule applies here. 3. No emergency situation exists that supports the Petitioner s hiring of independ ent counsel, nor does any situation exist that supports Petitioner s hiring of independent counsel at county expense. 4. Respondent has no clear duty to compensate Petitioner s counsel. 5. The doctrine of pressing necessity relied upon by the Petitioner was overruled in Warda v. City Council of the City of Flushing, 472 Mich 326, 332; 696 N.W.2d 671, 676 (2005). 6. Because Petitioner seeks to compel the Genesee County Board of Commissioners to act, the proper cause of action is a complaint for mandamus, which Petitioner did not properly plead. 7. Respondent reserves the right to assert additional defenses as may become apparent through additional investigation and discovery. WHEREFORE, Respondent states that Petitioner s claims against Respondent should be dismissed with prejudice, that all of the Petitioner s requested relief be denied, and that the Court award any other relief that it deems just and equitable. 6

September 12, 2013 BY: Celeste D. Bell (P41453 ) Interim Corporation Counsel cbell@co.genese e.mi.us Andrew C. Thompson (P67984) Assistant Corporation Counsel athompson@co.g enesee.mi.us Attorneys for Defendant County of Genesee 1101 Beach Street, Room 317 Flint, MI 48502 (810) 257-3050 7

PROOF OF SERV ICE The undersigned certifies that a true copy of the following: Defendant/Respondent s Answer to Plaintiff/Petitioner s Complaint/Petition was served upon the following attorney(s), by mailing the same to them at their business addresses, with postage fully prepaid thereon, on September 12, 2013: Matthew T. Smith (P46754) Clark Hill PLC 212 East Grand River Ave. Lansing, MI 48906 I declare that the statements above are true to the best of my information, knowledge and belief. Mary Seymour 8