Judge James M. Alexander rejected a motion to reconsider his ruling against the city in the 59 S. Main Street lawsuit.
The judge filed the denial on March 16 in Oakland County Circuit Court, in the CBC Joint Venture vs. City Of The Village Of Clarkston case.
His summary disposition ruling, which was filed on Jan. 4, ordered the city to approve CBC Joint Venture’s request to rezone 59 S. Main Street, known as the Sutherland House, for use as a restaurant.
The city can still appeal the case, which was authorized by Clarkston City Council in a 4-3 vote after closed session on Jan. 9. Council members Sharron Catallo, Eric Haven, Jason Kneisc, and David Marsh voted to appeal, going with the advisement of city attorney Thomas Ryan. Mayor Steve Percival and council members Sue Wylie and Rick Detkowski voted against appealing the case.
CBC Joint Venture filed suit against the city in October 2015, saying the city had no legitimate reason to deny its rezoning request, particularly when faced with nearly identical requests from others. The city said rezoning would jeopardize the historic nature of the area.
The city budgeted $30,000 for legal fees for the 2016-2017 fiscal year. For 2015-2016, legal fees were $29,735; and $25,761 went to legal fees in 2014-2015.
For insurance and bonds, which pays for the city legal representation in this case through the Michigan Municipal League, $3,444 was budgeted for 2016-2017, and $3,656 has been spent as of Jan. 31, 2017. Insurance for 2014-2015 was $3,344; and in 2015-2016, $3,398.