Richard Bisio’s Open Meetings Act lawsuit against the City of the Village of Clarskton has a response and timetable.
Judge Leo Bowman of the Sixth Circuit Court of Oakland County scheduled the case for trial on March 25, with experts, witness list, and proposed exhibits presented by Nov. 20, discovery completed by Dec. 16, and dispositive motions filed by Jan. 8. The case will also be evaluated in January, the judge said.
The suit, filed June 2, calls for the Circuit Court to determine city council violated the state Open Meetings Act with a closed meeting on March 9 as well as an exchange of emails on April 18-19, and order an end to such practices.
A response was filed by attorneys for the defendants, James E. Tamm and Paul T. O’Neill of Bloomfield Hills, the city’s representation through its membership in the Michigan Municipal League.
The point-by-point response states “defendants lack knowledge or information sufficient to form a belief as to the truth of the allegations” about 60 times, and “denied as untrue” about 26 times.
Bisio was not satisfied with the response.
“I am disappointed that the answer does not make a good faith attempt to respond to the allegations but rather says that the city knows virtually nothing about anything that happened,” Bisio said.
Mayor Joe Luginski said he had no comment on the pending litigation.
According to the minutes of the March 9 City Council meeting, city attorney Tom Ryan requested the council go into closed session to discuss attorney/client privilege issue regarding rezoning of 148 N. Main Street. Bisio objected, saying Ryan didn’t provide required written legal memorandum before the meeting, and Ryan withdrew his request.
Council member Sharron Catallo recused herself from the discussion, and Council member David Marsh was absent. Luginski and council members Thomas Hunter, Eric Haven, and Mike Sabol voted to go into closed session. Bisio voted against the motion.