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FINAL REVISED DRAFT A FELON's CRUSADE Complaint Lawsuit Against State of Michigan Regarding Corridor Authority COURT of CLAIMS
FINAL REVISED DRAFT A FELON's CRUSADE Complaint Lawsuit Against State of Michigan Regarding Corridor Authority COURT of CLAIMS
STATE OF MICHIGAN,
MACKINAC STRAITS CORRIDOR AUTHORITY,
MACKINAC STRAITS CORRIDOR AUTHORITY BOARD,
MICHAEL NYSTROM,
ANTHONY ENGLAND, and
J.R. RICHARDSON,
Defendants.
________________________________________________________________/
ANDREW A. PATERSON (P18690)
Attorney for Plaintiffs
2893 E. Eisenhower Pkwy
Ann Arbor, MI 48108
(248) 568-9712
[email protected]
__________________________________________________________________________/
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I. PARTIES
organized and incorporated in June 2016 for the purpose of promoting and
actions and court actions designed to eliminate unlawful and illegal actions
government.
which Davis is a voting member of. (See Davis’ affidavit attached hereto
as Exhibit A)
Authority”), is the new authority created with the enactment of Public Act
359 of 2018, which is charged with the authority to oversee the construction
Mackinac.
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5. Public Act 359 of 2018 created the Defendant Corridor Authority within the
Mich.Const.1963.
Governor that is charged with the statutory authority to exercise the duties of
the Defendant Corridor Authority as set forth under Public Act 359 of 2018.
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10.That an actual controversy exists between the parties named herein.
II. JURISDICTION
12.All of the Defendants are deemed to be the “state or any of its departments
Judicature Act.
13.In accordance with MCL § 600.6431 of the Revised Judicature Act, prior to
filing the instant action, Plaintiff timely filed a Notice of Intent within the
time set forth under MCL § 600.6431 outlining its claims against the named
Defendants.
Crusade has standing to initiate this action against the Defendants to prevent
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statute relating to such an expenditure. See House Speaker v Governor, 443
who are serving 6-year terms in violation of Mich.Const. 1963, art. V, §3.
Defendant Corridor Authority and its Board, whose members have been
19.On December 11, 2018, the Michigan Legislature passed Senate Bill 1197,
20.On December 12, 2018, Senate Bill 1197 was presented to Governor Snyder
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21.On December 12, 2018, in accordance with his executive powers set forth
approved Senate Bill 1197, which was enacted into law as Public Act 359 of
23.With the enactment of Public Act 359, the Defendant Corridor Authority
25.Pursuant to §14b(2) of Public Act 359, the Defendant Board “shall consist of
3 members appointed by the governor with the advice and consent of the
senate.”
26.Section 14b(2) further provides that “[n]o more than 2 of the corridor
authority board members shall be members of the same political party” and
(Emphasis supplied).
27.On or about December 12, 2018, in accordance with §14b(2) of Public Act
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28.The three individuals Governor Snyder initially appointed to serve 6-year
terms on the Defendant Board were: (1) Geno Alessandrini (D), Defendant
Zimmer (R) resigned and were replaced with Defendants Richardson (R)
31.As noted, §14b(2) of Public Act 359 required the Governor to appoint
Defendant Board.
32.However, the 6-year term of office for the Defendants Richardson, Nystrom
33.Mich.Const.1963, art. V, §3, sets forth the terms of office for any board or
1963.
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years shall not be further extended except as provided in this
constitution. (Emphasis supplied).
35.As noted, the Defendants Corridor Authority and its Board were recently
36.Public Act 359 was enacted into law on December 11, 2018.
37.Therefore, the Defendant Board was created after the effective date of the
39.It is well-settled that “[a] fundamental and indisputable tenet of law is that a
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42.Without a definite term of office, Defendants Corridor Authority and its
Board cannot lawfully exercise the duties set forth under Public Act 359.
request that this Honorable Court GRANT the requested relief as follows:
Constitution of 1963.
exercise any of the powers and/or authority set forth under Public Act
E. Order any and all such other relief as justice may so require.
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Dated: December 18, 2018 Respectfully submitted,
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