Lawsuit

** UPDATE JUNE 8, 2017**

We filed a Leave to Appeal in the Michigan Supreme Court. 


We filed a lawsuit on June 1, 2016 against the Director of Elections, Secretary of State, and Board of State Canvassers, challenging the constitutionality of the statute (MCL 168.472a) that imposes a time limitation on signature-gathering. Shortly thereafter, Governor Snyder signed a new version of the law making the 180-day limit absolute. The Court of Claims ruled that our case was not yet "ripe"--essentially that we filed too soon, because we have not yet submitted our signatures to the State. We, of course, argued that the case is ripe right now, because the "actual controversy" at hand is not whether we will collect all the signatures necessary, but that the State will not accept signatures older than 180 days. We took it to the Court of Appeals. That court upheld the lower court's decision. We filed a motion for reconsideration, and that was denied.

Currently we are filing a Leave to Appeal with the Michigan Supreme Court. In the meantime, we continue collecting signatures.

You can also look up all documents on the state court's website: courts.mi.gov. Our case # in the Court of Appeals is #334480, Committee to Ban Fracking in Michigan v Director of Elections.

 

Read the court filings by clicking on the documents below:

Complaint

Press release

Exhibits available on request.

On June 22, the State filed a motion and brief for summary disposition:

Motion for Summary Disposition and Brief in Support of Defendants' June 22, 2016 Motion for Summary Disposition

We filed our response to their motion on July 8:

Plaintiffs' Opposition to Motion for Summary Disposition

Affidavit of LuAnne Kozma

On August 8, 2016, Judge Stephen Borrello, Court of Claims, held that the case was not yet "ripe":

August 8, 2016 Decision by Judge Stephen Borrello

On September 23, 2016, Committee to Ban Fracking filed its first brief in the Michigan Court of Appeals fighting the ripeness decision:

Appellants' Opening Brief on Appeal

On November 12, 2016 we filed a reply brief:

Appellants' Reply Brief

On March 14, 2017, the Court of Appeals decided the case and upheld the lower court decision that the case was not yet "ripe":

Court of Appeals decision

On April 4, 2017, we filed a motion for reconsideration:

Appellants' Motion and Brief for Reconsideration

On April 18, 2017 the State filed a reply to our motion:

Defendants/Appelees' Response

 

On April 26, 2017 the Court of Appeals denied our motion for reconsideration:

Court of Appeals order

 

On June 8, 2017, we filed a Leave to Appeal with the Michigan Supreme Court

Leave to Appeal

 

 

 

 

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