02/18/2007

Record-Eagle/Jan-Michael Stump
The proposed Meijer site in Acme Township.

Recovered document could derail lawsuit

By Brian McGillivary

bmcgillivary@record-eagle.com

ACME — A lost document recently recovered by the Grand Traverse County Prosecutor's office could punch a hole in a lawsuit aimed at stopping the Acme Township recall election.

Seven members of the Acme Township Board face recall and filed suit asking 13th Circuit Court Judge Philip Rodgers to disqualify petitions circulated by three recall supporters.

Rodgers will make the decision at a 3:30 p.m. hearing on Tuesday, a week before the Feb. 27 recall election.

The board wants up to 60 signatures collected by Danny M. Hanna disqualified because they allege Hanna was not properly registered to vote in Acme Township, based in part on a homestead exemption claiming a Kalkaska address as his principle residence.

"Because they are trying to upset the popular vote, it's important that things are done correctly and people not try to play the system,” said Enrico Schaefer, attorney for the board members.

Hanna said he retracted his homestead exemption for the Kalkaska property, though no record of the document could be found.

But last week deputy prosecutor Bob Cooney said he received a copy of the homestead document from the Kalkaska County Equalization Department. The discovery could eliminate questions about Hanna's residency.

Acme board members also want Rodgers to disqualify recall petitions circulated by Hanne Dietz and Margaret Goss because they filled in addresses for nine petition-signers in violation of state election law.

Schaefer argues that Dietz and Goss weren't clear in sworn depositions about how many times they assisted petition signers. He wants all the petitions they circulated disqualified.

Cooney called Schaefer's request a "novel legal argument” that would disenfranchise voters who properly filled out the petition.

Petition circulators needed 496 signatures to force a recall election. They collected a low of 509 valid signatures against Township Clerk Dorothy Dunville and a high of 553 signatures against Township Supervisor Bill Kurtz. If Rodgers throws out between 14 and 58 signatures it would stop the election for some, but not all of the board members.

If it turns out that there aren't enough signatures to recall some board members legally, their names will be crossed off the ballots, county Clerk Linda Coburnsaid.

The recall election will be one of three hearings Rodgers will hold Tuesday involving Acme Township. Beginning at 8 a.m. Rodgers is expected to rule on two matters involving Meijer's suit against the township.

Meijer wants to sue Kurtz, Treasurer Bill Boltres and trustees Erick Takayama and Frank Zarafonitis personally, meaning Meijer could go after their personal finances if it can win on appeal.

Meijer has also subpoenaed their personal home computers.

If Rodgers grants the subpoena Meijer will get a complete copy of all information on those individuals' personal home computers.

"The whole point of this is intimidation,” said township attorney Chris Bzdok. "We've seen these bully lawsuits in the past, but this is the first time I've seen them try to grab home computers.”