Court of Appeals halts activist's challenge of Detroit emergency manager hiring

Robert Davis' challenge of Kevyn Orr's hiring gets thrown out of court

By Dave Bartkowiak Jr. - Digital Managing Editor
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Robert Davis

DETROIT - The Michigan Court of Appeals issued two orders Friday halting any hearings, depositions or other action in Ingham County Circuit Court in the case of union activist Robert Davis vs. Local Emergency Financial Assistance Loan Board.

Davis had argued Detroit Emergency Manager Kevyn Orr, State Treasurer Andy Dillon and Gov. Rick Snyder violated the state's Open Meetings Act when they exchanged emails about Orr's hiring before he actually was hired.

On May 13, the Michigan Court of Appeals reversed an earlier Ingham County Circuit Court Order requiring the depositions of Orr, Steve Arwood, and John Nixon in the case.

Read back: Are emails between Gov. Snyder, Detroit EM Orr illegal?

At that time, the Court of Appeals cited legal precedent: "High-ranking public officials may not be compelled to provide deposition testimony unless or until a preliminary showing is made that the deposition is necessary to obtain relevant information that cannot be obtained from any other discovery source or mechanism, i.e., that such a deposition is essential to prevent prejudice or injustice. Hamed v Wayne County, 271 Mich. App 106, 110-111 719 NW2d 612 (2006). The record does not reflect that such a preliminary showing was made in this case."

Following the issuance of that order, Ingham County Circuit Court Judge William Collette issued a new order on June 12 requiring Snyder to turn over additional documents relating to the appointment of Orr that were not subject to the Freedom of Information Act within 21 days.

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