Judge dismisses lawsuit challenging state-appointed EFMs - ABC 12 – WJRT – Flint, MI

Judge dismisses lawsuit challenging state-appointed EFMs

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(12/05/12) - An Ingham County judge has dismissed a lawsuit challenging state appointed emergency financial managers.

"I don't believe the ruling is consistent with Michigan case law, the Michigan constitution or the Michigan compiled laws. I do have a lot of respect for the judge. I understand she gave a lot of thought, time and energy to it, but I respectfully disagree," says Detroit-based attorney Herb Sanders.

He argued the case in court Wednesday.

The motion, filed by attorneys for elected officials in Michigan cities, Flint included, as part of a lawsuit alleging emergency financial managers were wrongly appointed under Public Act 72.

The argument is that the law was permanently repealed when Public Act 4 was signed into law.

Public Act 4 was nixed entirely, by voters, in November.

Because it was completely rejected, Circuit Court Judge Rosemarie Aquilina said the former law survived and remains in effect.

Aquilina said voters left no room to save any portion of Public Act 4 and she will not save it, either.

Flint's EFM Ed Kurtz, confirms he has received notice from the department of treasury that the judge ruled in the state's favor. An appeal is expected.

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