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February 20, 2004Subcommittee meetings lawsuit expandedOfficials deny Open Meetings Act violationsByRecord-Eagle staff writer ACME - A citizens group is expanding its lawsuit against Acme Township, alleging at least 28 non-public subcommittee meetings on the disputed "town center" plans violate public meetings laws. Concerned Citizens of Acme Township filed an amended complaint alleging the township violated the state Open Meetings Act by using a planning commission subcommittee to work on the town center project outside of public, posted meetings. "What this subcommittee produced in these private, closed meetings is essentially what's been approved," said Christopher Bzdok, attorney for the group. It sued in November after the township board approved a special-use permit for the commercial and residential development on 182 acres at M-72 and Lautner Road. Bzdok said a series of subcommittee meetings where officials worked on the town center plans - sometimes with project developers - is "a clear violation" of state open meetings requirements. Township attorney James Christopherson denied illegalities, saying those were "study session" meetings where no formal decisions were made. Christopherson confirmed 35 non-public subcommittee meetings on the town center plans have been held over the past four years. He said those generally weren't posted at least 18 hours in advance and no formal minutes were taken, both items required by law for public meetings. But the OMA didn't apply because the subcommittee had no decision-making authority, he said. "In this case, there just wasn't any delegated authority," Christopherson said. "This is a study group to review those plans and have a discussion about them." But planning commission documents show significant changes to the plans through the subcommittee's work. October meeting minutes indicate one of the developers stated "the plan has been changed drastically after working with (the subcommittee). ..." A Michigan Press Association attorney also challenged the township's position. "The Open Meetings Act applies to deliberations, not just decisions," MPA attorney Dawn Hertz said. "Why would a developer meet with these people if they had no authority?" Christopherson said any decisions on town center plans have been made at public meetings of the planning commission or township board. The board will consider adopting an Open Meetings Act policy at its March 2 meeting to further clarify the committee issue, he said.
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