Michigan Appeals Court Rules in Favor of County on Police Services Suits

In a decision handed down Wednesday, February 11, 2009, the State of Michigan Court of Appeals has affirmed the lower court’s finding in favor of Washtenaw County on issues related to the provision of police services as well as the denial of fees and costs for a technical violation of the Open Meetings Act. 

 Augusta, Salem and Ypsilanti Townships had taken their suits to the Court of Appeals in early 2008 after trial court Judge Joseph Costello’s rulings had dismissed 12 of the townships’ claims, and found that the County was in technical violation of the Open Meetings Act.

The townships had originally filed suit in 2006 against Washtenaw County, the Administrator and the individual members of the then Board of Commissioners over the methodology and rates set for the costs per hour of police services.

In its decision released today, the Appellate Court also reversed the lower court’s finding on the discounted hourly rate for police services for the three townships in question when services had been rendered without a signed contract.  The Appeals Court judges found the trial court judge erred in failing to award the County the costs associated with that 11 month period of provided services for the three townships, and have remanded the issue back to the trial court to calculate that award.

“Amid the crushing weight of bad economic news these days, you might think that this validation of our actions and assertions would be great news.  But, frankly, the only good part is that we are that much closer to ending this chapter.  I do have to say that our Board – those who were named in the suit – as well as our present Board of Commissioners have shown extraordinary patience and trust throughout this important process.  We look forward to working with all of our townships as we deal with new fiscal realities.  The point is, and always has been, finding a way to provide the best services possible to keep our citizens safe and our expenses in line with our costs,” said Washtenaw County Administrator, Bob Guenzel.