STATE OF MICHIGAN

IN THE COURT OF CLAIMS

A FELON’S CRUSADE FOR EQUALITY,

HONESTY AND TRUTH,
A Michigan Nonprofit Corporation,
Plaintiff, Case No. 18- -MM
HON.

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]
__________________________________________________________________________/

VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT

NOW COMES PLAINTIFF, A FELON’S CRUSADE FOR EQUALITY,

HONESTY AND TRUTH, by and through their attorney, ANDREW A.

PATERSON, and for their Verified Complaint for Declaratory Judgment

(“Verified Complaint”), states the following:

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 I. PARTIES

1. Plaintiff, A Felon’s Crusade for Equality, Honesty, and Truth (“Plaintiff A

Felon’s Crusade” ), is a registered Michigan non-profit corporation

organized and incorporated in June 2016 for the purpose of promoting and

ensuring corrupt-free and law-abiding civic government through social

actions and court actions designed to eliminate unlawful and illegal actions

by all government offices, representatives and entities on all levels of

government.

2. Plaintiff A Felon’s Crusade, which was founded and incorporated by activist

Robert Davis (“Davis”), is governed by a three-member board of directors,

which Davis is a voting member of. (See Davis’ affidavit attached hereto

as Exhibit A)

3. Defendant, State of Michigan (“Defendant State”), is a governmental entity

that may sue and be sued in its own name.

4. Defendant, Mackinac Straits Corridor Authority (“Defendant Corridor

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

of a tunnel to house Enbridge’s Line 5 oil pipeline under the Straits of

Mackinac.

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5. Public Act 359 of 2018 created the Defendant Corridor Authority within the

state transportation department and the Defendant Corridor Authority is

recognized a state institution within the meaning of §9 of article II of the

Mich.Const.1963.

6. Defendant, Mackinac Straits Corridor Authority Board (“Defendant

Board”), is the newly created three-member board appointed by the

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.

7. Defendant, Michael Nystrom (“Defendant Nystrom”), is an appointed

member of the Defendant Board. In accordance with §14b(2) of Public Act

359 of 2018, Governor Rick Snyder appointed Defendant Nystrom to serve a

6-year term on the Defendant Board.

8. Defendant, Anthony England (“Defendant England”), is an appointed

member of the Defendant Board. In accordance with §14b(2) of Public Act

359 of 2018, Governor Rick Snyder appointed Defendant England to serve a

6-year term on the Defendant Board.

9. Defendant, J.R. Richardson (“Defendant Richardson”), is an appointed

member of the Defendant Board. In accordance with §14b(2) of Public Act

359 of 2018, Governor Rick Snyder appointed Defendant Richardson to

serve a 6-year term on the Defendant Board.

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10.That an actual controversy exists between the parties named herein.

II. JURISDICTION

11.Pursuant to MCL § 600.6419(1) of the Revised Judicature Act, this Court

has exclusive jurisdiction over Plaintiff’s declaratory judgment, and

injunctive relief claims against the Defendants.

12.All of the Defendants are deemed to be the “state or any of its departments

or officers” as this phrase is defined by MCL § 600.6419(7) of the Revised

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.

III. NATURE OF PLAINTIFF’S CLAIMS AGAINST DEFEDANTS.

14.As a civic nonprofit corporation organized for civic and community

improvement purposes, Plaintiff A Felon’s Crusade seeks to prevent the

unlawful expenditure of state funds with the unconstitutional creation and

appointment of the members of the Defendant Board.

15.Pursuant to MCR 2.201(B)(4) and MCL 600.2041(3), Plaintiff A Felon’s

Crusade has standing to initiate this action against the Defendants to prevent

the illegal expenditure of state funds and/or to test the constitutionality of a

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 statute relating to such an expenditure. See House Speaker v Governor, 443

Mich. 560, 572-573; 506 NW2d 190 (1993); Counsel of Organizations v

State of Michigan, ___ Mich.App. ___; ___NW2d___ (2018), decided

October 16, 2018 (Docket No. 343801), slip op p 5.

16.Specifically, Plaintiff A Felon’s Crusade seeks to prevent the illegal

expenditure of state funds to reimburse members of the Defendant Board,

who are serving 6-year terms in violation of Mich.Const. 1963, art. V, §3.

17.Additionally, Plaintiff A Felon’s Crusade seeks to prevent the illegal

expenditure of state funds to pay for the operational expenses of the

Defendant Corridor Authority and its Board, whose members have been

appointed to serve 6-year terms in violation of Mich.Const. 1963, art. V, §3.

IV. CAUSES OF ACTION

COUNT I- Declaratory Judgment Declaring §14b(2) of Public Act 359 of

2018 Unconstitutional For It Violates and Contravenes
Mich.Const. 1963, art. V, §3.

18.Plaintiff incorporates, repeats, and realleges the foregoing allegations as

though they were fully set forth and stated herein.

19.On December 11, 2018, the Michigan Legislature passed Senate Bill 1197,

which created the Defendants Corridor Authority and its Board.

20.On December 12, 2018, Senate Bill 1197 was presented to Governor Snyder

for his approval and signature.

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21.On December 12, 2018, in accordance with his executive powers set forth

under the Michigan Constitution of 1963, Governor Snyder signed and

approved Senate Bill 1197, which was enacted into law as Public Act 359 of

2018 (“Public Act 359”).

22.Public Act 359 was given immediate effect.

23.With the enactment of Public Act 359, the Defendant Corridor Authority

was created. See §14b(1) of Public Act 359.

24.Pursuant to §14b(2) of Public Act 359, the Defendant Corridor Authority’s

duties were to be exercised through the Defendant Board.

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

“[m]embers of the corridor authority board shall serve for terms of 6

years or until a successor is appointed and qualified, whichever is later.”

(Emphasis supplied).

27.On or about December 12, 2018, in accordance with §14b(2) of Public Act

359, Governor Snyder appointed three individuals to serve 6-year terms on

the newly created Defendant Board.

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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

Tony England (D), and Michael Zimmer (R).

29.However, since their appointments, Geno Alessandrini (D) and Michael

Zimmer (R) resigned and were replaced with Defendants Richardson (R)

and Nystrom (R).

30.The Defendant Board is scheduled to convene its initial meeting on

Wednesday, December 19, 2018.

31.As noted, §14b(2) of Public Act 359 required the Governor to appoint

Defendants Richardson, Nystrom and England to serve 6-year terms on the

Defendant Board.

32.However, the 6-year term of office for the Defendants Richardson, Nystrom

and England contravenes Mich.Const.1963, art. V, §3.

33.Mich.Const.1963, art. V, §3, sets forth the terms of office for any board or

commission created after the effective date of the Michigan Constitution of

1963.

34.Mich.Const.1963, art. V, §3, states:

Terms of office of any board or commission created or enlarged

after the effective date of this constitution shall not exceed four
years except as otherwise authorized in this constitution. The terms of
office of existing boards and commissions which are longer than four

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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

created with the enactment of Public Act 359.

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

Michigan Constitution of 1963.

38.The 6-year terms of office of the Defendants Nystrom, Richardson, and

England contravene and violate the clear and unambiguous language of

Mich.Const.1963, art V, §3.

39.It is well-settled that “[a] fundamental and indisputable tenet of law is that a

constitutional mandate cannot be restricted or limited by the whims of a

legislative body through the enactment of a statute.” AFSCME Council 25 v

Wayne County, 292 Mich.App. 68, __; 811 NW2d 4 (2011).

40.Thus, “when a statute contravenes the provisions of the state constitution it

is unconstitutional and void.” AFSCME Council 25 v Wayne County, 292

Mich.App. 68, __; 811 NW2d 4 (2011).

41.Section 14b(2) of Public Act 359 contravenes art. V, §3 of the Michigan

Constitution of 1963, and thus must be declared unconstitutional and void.

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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.

PRAYER FOR RELIEF

WHEREFORE, for the foregoing reasons, Plaintiff prays and respectfully

request that this Honorable Court GRANT the requested relief as follows:

A. Issue a declaratory judgment declaring that §14b(2) of Public Act 359,

which requires members of the Defendant Board to be appointed to 6-

year terms, contravenes and violates art. V, §3 of the Michigan

Constitution of 1963.

B. Issue a declaratory judgment declaring that §14b(2) of Public Act 359,

which requires members of the Defendant Board to be appointed to 6-

year terms, is unconstitutional and void for it contravenes art. V, §3 of

the Michigan Constitution of 1963.

C. Issue a declaratory judgment declaring that none of the Defendants can

exercise any of the powers and/or authority set forth under Public Act

359 as a result of §14b(2) of Public Act 359 being declared

unconstitutional and void.

D. Award Plaintiff costs and attorney fees.

E. Order any and all such other relief as justice may so require.

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Dated: December 18, 2018 Respectfully submitted,

/s/ ANDREW A. PATERSON

ANDREW A. PATERSON (P18690)
Attorney for Plaintiffs
2893 E. Eisenhower
Ann Arbor, MI 48108
(248) 568-9712

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