Flint City Council in court to challenge Public Act 72 - ABC 12 – WJRT – Flint, MI

Flint City Council in court to challenge Public Act 72

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(11/19/12) - It's been nearly two weeks since the Emergency Manager Law was voted down.

The Flint City Council is still trying to get rid of the state-appointed position. Council members were in court Monday to challenge a state law that gives Ed Kurtz his authority.

When voters rejected controversial Public Act 4, state officials revived Public Act 72, the previous law that permitted emergency financial managers to run certain cities and school districts.

The Flint City Council has filed suit, saying Ed Kurtz can't be in charge of day-to-day operations here because the state hasn't followed proper procedures.

The lawyer representing the state attorney general told Genesee County Circuit Judge Geoffrey Neithercut the state hasn't had enough time to prepare to argue the case and asked for a postponement.

Glen Cotton, who is representing the city council, said full power to run the city should immediately be returned to the city council and the mayor.

Under Public Act 72, the state had to prove financial problems had reached the point that a state takeover was necessary.

The City Council maintains there were never any public hearings for the state to prove its case and Michigan has no right to keep Ed Kurtz in office.

Judge Neithercut sided with the state's request for a delay in a decision.

"Oh, I'm definitely disappointed because I was seeking to get them back into authority and be able to govern for what they were duly elected. I'm sadly disappointed, but it is reality as a practicing attorney to end up dealing with," Cotton said.

"I'm frustrated for the residents of the city of Flint because the residents of the City of Flint were never given due process under this Public Act 72. They deserve to have their day in court and this just pushes it down the road further," said Sheldon Neeley, City Council member.

The hearing will resume before Judge Neithercut Dec. 10.

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