Get the details on the background and basis for this lawsuit:
Lawsuit 101
Legal analysis of the November 4 ruling:
Court Ruling Breakdown Analysis
Understanding the November 4 ruling for the non-legal professional:
Court Ruling Breakdown – Non-legal Version
Don’t Drill the Hills, Inc. (DDHI), is a non-profit, grassroots group of local citizens opposed to oil and gas drilling projects in their community. The group filed legal action on May 15, 2014 against the City of Rochester Hills for signing a lease for oil and gas exploration of City-owned park and cemetery properties.
At issue is a resident-driven 2011 City Charter Amendment. The amendment states that City-owned parks cannot be sold/leased or converted to a non-recreation or non-conservation use,without approval of the City’s voters in an open election. The City Charter protects not just the surface of the park land in Rochester Hills, but the entire property, including its subsurface resources.
The lawsuit asserts that by signing a lease with Jordan, the Mayor and City Council:
- Violated the City Charter (Sec. 11.8).
- Violated Michigan law (MCL 117.5(e)) which requires voter approval for the sale of city parks and cemeteries designated as such in the City’s Master Plan.
- Acted beyond the scope of their power, and took away the citizen’s right to vote on the lease.
Read the press release here: DON’T DRILL THE HILLS, INC. FILES LAWSUIT AGAINST CITY OF ROCHESTER HILLS FOR CHARTER VIOLATION
Download press release here: DDHI_Press_Release_5.15.14
Pleadings submitted to court by parties
Clink links below to download documents:Filed by Don’t Drill The Hills:
Complaint: Processed-First_Amended_Complaint_For_Declaratory_Relief
(original complaint: Processed-Complaint_for_Declaratory_Relief.pdf)
Plaintiff’s Consolidated Answer & Brief in Response to Defendants’ MSDs
Filed by City of Rochester Hills:
City of Rochester Hills’ Answer to Complaint: City of RH’s Answer to Complaint
City of Rochester Hills’ first motion to dismiss: Rochester Hills Motion to Dismiss (MSD)
City of Rochester Hills’ amended brief: City’s Amended Brief Supporting MSD
Filed by Jordan Development:
Jordan’s first motion to dismiss: Processed-Jordan_Mtn_to_dismiss_FILED_WITH_COURT.pdf
Jordan’s second motion to dismiss: Jordan’s Second MSD
Filed by Sunoco:
Sunoco’s first motion to dismiss: Sunoco’s Motion for Summary Disposition
Sunoco’s amended brief: Sunoco’s Amended MSD
Exhibits or Relevant Documents:
2014.4.7. Roch Hills Council Minutes (Bloomer easement)
Sunoco Bloomer Easement drawing