Former Elmwood Township Supervisor Jack Kelly filed a complaint at the 13th Circuit Court on May 10. Kelly alleges the Elmwood Township Board violated the Michigan Open Meetings Act (OMA) at their February regular meeting, where they rescinded their directions to create a zoning district prohibiting short term rentals (STRs) after speaking with their attorney in closed session.
“(Kelly) contends that the absence of knowing what was going to be discussed in closed session that evening substantially impaired the rights of the public under the OMA … because concerned Township residents, including the Plaintiff, both saw no need, and also had no opportunity, to make known their concerns to the Township Board via either advance written comment prior to the meeting or public comment during the meeting,” the complaint states.
The complaint requests the court grant judgment that the board violated the OMA, enjoin the board to “reenact the actions and deliberations that were undertaken” in closed session in February at a future regular meeting. Current township Supervisor Jeff Shaw was reportedly served a summons and Kelly’s complaint on May 15, giving the township until June 5 to respond. Kelly has also stated to the newspaper his intention to legally represent himself in this action.
