Latest news with #CourtofClaims
Yahoo
20-05-2025
- Politics
- Yahoo
‘We have not forgotten you' – Residents remain without relief 5 years after failure of Edenville Dam
Attorney Ven Johnson stands in front of the Midland County Courthouse for a press conference marking the five year anniversary of the Edenville Dam failure on May 19, 2025. | Screenshot Marking the five year anniversary of the 2020 Edenville Dam failure, a host of residents whose homes were damaged by the dam's collapse gathered outside the Midland County Courthouse Monday, calling for the state to step up and make things right with those impacted by the flood. 'Not a single dime has been collected. Let me repeat that, not a single dime has been collected by these folks behind me, the true victims and survivors, nor on behalf of their attorneys. Not a single dime has been offered by the state of Michigan to step up to do the right thing,' attorney Ven Johnson told reporters, arguing the state's response to residents seeking accountability through the courts had been to 'defend, delay, deny.' Johnson recounted the past 5 years of legal proceedings, as residents impacted by the flooding seek damages from the Department of Environment Great Lakes and Energy and the Department of Natural Resources, alleging the state knew the dam was not safe for continued operations, but still authorized the dam operator, Boyce Hydro, to raise the water levels within the lake created by the dam. The state attributes the dam's failure to 'historic levels of rainfall.' More than 11,000 people and 2,500 structures were damaged due to flooding, with the state's initial estimate for damages coming out to $250 million. While a federal judge later found Boyce Hydro responsible for the dam's failure, ordering the dam's former owner Lee Mueller to pay $119 million in environmental damage, Johnson argued the state had yet to properly respond to the complaint filed by residents shortly after the dam collapsed. He pointed to an order filed by Court of Claims Judge Douglas Shapiro in October 2023, which notes 'this case was filed over three years ago and that no Answer has ever been filed and that no discovery has yet occurred.' Shapiro called the state's repeated requests to reverse a previous order, which partly denied the state's effort to resolve the case without bringing it to trial, 'time-consuming and unsuccessful.' While Court of Claims Judge James Robert Redford last week denied another request to resolve the case in favor of the state without going to trial, Johnson predicted the state would appeal the decision, noting that the government retains an automatic right of appeal. Johnson said he would be objecting to that request, as would the attorneys standing beside him at the conference. 'Sadly, this is a months, plural, long process,' he said. Johnson repeatedly compared the state's legal approach to the way it handled legal proceedings in the Flint Water Crisis where the state was ordered to pay $600 million to Flint residents and property owners whose water was contaminated. 'There's your blueprint for how the state of Michigan deals with infrastructure failure. No one went to jail, no one was prosecuted, and it was the Civil lawyers who did what they did and exactly what we're doing in this case to try to bring some semblance of justice,' Johnson said. 'That took them eight and a half years before the State of Michigan stepped up and began to take responsibility and pay for the damage….But even so, that litigation, in many respects, is ongoing even today.' While the state pursued several state officials, including Republican former Gov. Rick Snyder for their role and response in the Flint water crisis, the efforts failed to return any convictions after the Michigan Supreme Court ruled in 2022 the charges were invalid. The residents pursuing the state for the dam collapse are scheduled to go to trial in January 2026, Johnson said. However, if the case is allowed to proceed, he expects the state will take the case all the way to the Michigan Supreme Court. In the meantime, Mike and Lisa Callan, whose home was destroyed by the flooding, said the burden is getting greater and greater each year. 'We have a couple mortgages we're still paying on this property. And, you know, now, now we have a water assessment coming. You know, my water assessment is about $48,000 for a piece of property that has absolutely, you know, nothing there,' Mike Callan said. Carl Hamman, a member of the Sanford Village Council, warned that residents could lose their homes over the assessment fees the state is requiring to rebuild the Edenville, as well as the Sanford Dam, which was located downstream. 'If they're living on —and I'm on Social Security — If you're living only on Social Security, I can't afford another $5,000 a year tax. Can't do it. I'll have to walk away from the place that I've been at for 35 years,' Hamman said. Kevin Carlson, another attorney working on residents' behalf, said the dam failure was not just a natural disaster but a failure of government and a breach of trust. 'What the state officials knew here, by January of 2020 at the very latest, was that the Edenville Dam did not meet the minimum safety requirements for a dam to continue operating in the state of Michigan…. The people behind me, the people that live downstream from this dam, they didn't know that,' Carlson said. 'They couldn't take matters into their own hands and start evacuating early. They count on the state acting behind closed doors to know that when a dam is unsafe for continued operation, there's one thing you shouldn't do to it: load up the lake behind it with more water. That's what the state authorized the dam operator to do.' Danny Wimmer, a spokesperson for the Michigan Department of Attorney General, which is representing EGLE and the DNR, said the failure of the dam was tragic, but noted it was not a state-owned dam and that survivors of the flood had already sued the dam owner and forced liquidation of their assets. 'Despite the claims of plaintiffs' attorney Johnson today, the litigation still pending in the Court of Claims is nothing like the Flint water litigation, and there is no appeal pending in it,' Wimmer said. 'Plaintiffs in this litigation already lost their lawsuit against the county governments because they did not have evidence to back up their allegations. We expect the same thing will happen in the Court of Claims. The plaintiffs do not have the evidence to support their allegations. Instead, the evidence confirms that the state agencies are not responsible for the dam's failure,' Wimmer said, before noting the department's sympathies lie with those affected by the dam failures. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
14-05-2025
- Politics
- Yahoo
Swing state judge strikes down 24-hour abortion waiting period as unconstitutional
A Michigan judge ruled on Tuesday that the state's 24-hour waiting period and informed consent rules restricting abortion were unconstitutional. The waiting period, which allows abortion-seekers to consider their options before the procedure, was voted into the state constitution by Michigan voters in 2022, before being challenged in a 2024 lawsuit filed by abortion rights groups. "The mandatory delay exacerbates the burdens that patients experience seeking abortion care, including by increasing costs, prolonging wait times, increasing the risk that a patient will have to disclose their decision to others, and potentially forcing the patient to forgo a medication abortion for a more invasive procedure," state Court of Claims Judge Sima Patel wrote in her opinion. Scoop: Republicans Discuss Defunding 'Big Abortion' Like Planned Parenthood In Trump Agenda Bill Patel also ruled it was unconstitutional to ban nurse practitioners, certified nurse midwives and physician assistants from performing abortions. Michigan Gov. Gretchen Whitmer said in a post on X that she was "overjoyed" with the decision. Read On The Fox News App "I'm overjoyed to say that the Michigan Court of Claims has seen these restrictive provisions for what they are: an unconstitutional overreach that infringes on our constitutional right to make our own reproductive health decisions," Whitmer wrote. "Today's ruling reaffirms what we already know: reproductive health decisions belong between a patient and their doctor, not the government. I'm proud to know that this Women's Health Week, we can celebrate by protecting and expanding women's fundamental rights and freedoms." Trump Foe Letitia James Leading Charge On New Multistate Lawsuit Over Hhs Cuts Michigan Catholic Conference President and CEO Paul Long said the intent of the proposal was to grant constitutional protections to "an industry that places itself above the health and safety of women and the lives of pre-born children." "This decision is a tragic reminder that the normalization of abortion in Michigan exists to the detriment of some 31,000 children every year who will never have the opportunity to experience the gift and blessings of life," Long wrote in a statement. "Now, more than ever, we encourage others to envision a world where human life at every stage – from conception to a natural end – is truly cherished and protected, where expecting mothers are supported with love and care and have access to maternal needs, regardless of the circumstance of the pregnancy." 'Gender-affirming' Treatments Don't Benefit Youth, Says Pediatricians Group: 'Irreversible Consequences' The court upheld a rule that requires abortion providers to screen for signs of coercion. If the decision is appealed, the case would be elevated to the Michigan Court of article source: Swing state judge strikes down 24-hour abortion waiting period as unconstitutional
Yahoo
14-05-2025
- Politics
- Yahoo
Judge strikes down abortion waiting period in Michigan
A Michigan judge on Tuesday overturned a law requiring a 24-hour waiting period before an abortion can be administered in the state. Judge Sima Patel ruled that the law conflicted with an amendment Michigan voters passed in 2022 enshrining abortion rights into the state's Constitution. The waiting period existed in Michigan for years, but Patel temporarily blocked it last year, arguing that it 'exacerbates the burdens that patients experience seeking abortion care,' according to The Associated Press. Michigan abortion providers sued last year to overturn the 24-hour waiting period for patients and to scrap the informed consent law, as well as a law that barred advanced practice clinicians from providing abortions. Patel, a Court of Claims judge, also reversed a part of the law that required abortion providers to give patients fetal development charts and information on alternatives to abortions, arguing that it also violates the Reproductive Freedom for All constitutional amendment. She also paused a section of the law that excluded nurses, nurse midwives and physician assistants from providing abortion care. Michigan Gov. Gretchen Whitmer (D) said she was 'overjoyed' by the judge's decision to overturn the waiting period and informed consent requirements. 'For years, Michiganders have faced obstacles when seeking reproductive care. From a 24-hour waiting period before accessing abortion to a ban on advanced practice clinicians providing care, these rules have put politicians between a woman and her doctor,' Whitmer wrote in a post on social platform X. 'I'm overjoyed to say that the Michigan Court of Claims has seen these restrictive provisions for what they are: an unconstitutional overreach that infringes on our constitutional right to make our own reproductive health decisions,' she added. Meanwhile, anti-abortion groups in the state admonished Patel for her ruling, arguing that it poses an 'immediate threat' to women's health across the state. 'Abortion is the only medical procedure of its kind in which the patient now is expected to go in blind,' Amber Roseboom, president of the Right to Life of Michigan, wrote in a statement. 'There is no question that women are at greater risk when they enter an abortion clinic in Michigan today than they were even a few years ago,' the group added. The risk of complications from an abortion remains extremely low. Research shows that about 2 percent of abortions involve some type of complication. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
14-05-2025
- Politics
- The Hill
Judge strikes down abortion waiting period in Michigan
A Michigan judge on Tuesday overturned a law requiring a 24-hour waiting period before an abortion can be administered in the state. Judge Sima Patel ruled that the law conflicted with an amendment Michigan voters passed in 2022 enshrining abortion rights into the state's Constitution. The waiting period existed in Michigan for years, but Patel temporarily blocked it last year, arguing that it 'exacerbates the burdens that patients experience seeking abortion care,' according to The Associated Press. Michigan abortion providers sued last year to overturn the 24-hour waiting period for patients and to scrap the informed consent law, as well as a law that barred advanced practice clinicians from providing abortions. Patel, a Court of Claims judge, also reversed a part of the law that required abortion providers to give patients fetal development charts and information on alternatives to abortions, arguing that it also violates the Reproductive Freedom for All constitutional amendment. She also paused a section of the law that excluded nurses, nurse midwives and physician assistants from providing abortion care. Michigan Gov. Gretchen Whitmer (D) said she was 'overjoyed' over the judge's decision to overturn the waiting period and informed consent requirements. 'For years, Michiganders have faced obstacles when seeking reproductive care. From a 24-hour waiting period before accessing abortion to a ban on advanced practice clinicians providing care, these rules have put politicians between a woman and her doctor,' Witmer wrote in a post on social platform X. 'I'm overjoyed to say that the Michigan Court of Claims has seen these restrictive provisions for what they are: an unconstitutional overreach that infringes on our constitutional right to make our own reproductive health decisions,' she added. Meanwhile, anti-abortion groups in the state admonished Patel for her ruling, arguing that it poses an 'immediate threat' to women's health across the state. 'Abortion is the only medical procedure of its kind in which the patient now is expected to go in blind,' Amber Roseboom, president of the Right to Life of Michigan, wrote in a statement. 'There is no question that women are at greater risk when they enter an abortion clinic in Michigan today than they were even a few years ago,' the group added. The risk of complications from an abortion remains extremely low. Research shows that about 2 percent of abortions involve some type of complication.
Yahoo
18-03-2025
- Business
- Yahoo
Michigan income tax would drop under House-passed bill
The Michigan House passed legislation Tuesday to slash Michigan's income tax rate, a move celebrated by Republican lawmakers as a way to provide economic relief to Michigan families and condemned by some Democrats as a boon for the rich even as some of their colleagues supported the tax cut. House Bill 4170 would cut Michigan's income tax rate from 4.25% to 4.05% effective Jan. 1, 2025. Most Michigan income tax revenue goes to the state's general fund — the main source for funding state government — but income tax dollars also go to the state's fund for schools and roads. Bill sponsor state Rep. Kathy Schmaltz, R-Jackson, said today that too many Michigan families face impossible financial choices. "Families need relief now more than ever," she said in a speech on the House floor Tuesday ahead of the vote. "Every little bit helps." State Rep. Bryan Posthumus, R-Rockford, called the bill a step in the right direction but said Tuesday in a speech that Michigan should look to states without any income tax. "Our state doesn't need more revenue, it needs less government," he said. Some Democratic lawmakers blasted the proposed income tax cut. "This bill is a wolf in sheep's clothing. The wolf being the wealthy receiving yet another tax cut," said state Rep. Morgan Foreman, D-Pittsfield Township. State Rep. Jasper Martus, D-Flushing, said with Michigan's flat income tax, the wealthy stand to benefit the most. "If we really want to provide robust relief for most of the folks that we represent, we should start by asking the wealthy to pay more so that all of us can pay a little bit less," he said. Every Republican lawmaker supported the tax cut legislation. Most Democrats opposed it, but seven voted for it: state Reps. Kelly Breen of Novi, John Fitzgerald of Wyoming, Matt Koleszar of Plymouth, Denise Mentzer of Mt. Clemens, Reggie Miller of Van Buren Township, Angela Witwer of Delta Township and Mai Xiong of Warren. The move to permanently reduce Michigan's income tax rate follows a legal battle over a provision in the state's tax law that triggered a recent temporary cut. A decade ago, Republican lawmakers added a formula to Michigan's tax law cutting the state's income tax rate when general fund revenues exceed inflation. That happened in the 2023 tax year when the income tax rate temporarily went down to 4.05% before returning to 4.25% for the 2024 tax year. GOP lawmakers insist that the law should have made the tax cut permanent. But a Court of Claims judge dismissed a lawsuit from Republican state lawmakers and business advocacy groups making that argument. A three-judge Michigan Court of Appeals panel unanimously upheld the lower court's decision. The coalition of GOP lawmakers and business groups appealed to the Michigan Supreme Court which dismissed the case. House Bill 4170 would amend the law to explicitly state that any future income tax cut triggered when general revenues exceed the cap would be permanent. Reducing Michigan's income tax rate from 4.25% to 4.05% for the 2025 tax year would cut income tax revenues by an estimated $539.3 million for the fiscal year that began Oct. 1, 2024 and will end Sept. 30, 2025, according to the House Fiscal Agency. It would cut income tax revenues by an estimated $713 million for the fiscal year ending Sept. 30, 2026 and $727.6 million for the fiscal year ending Sept. 30, 2027. Michigan has a flat income tax as required by the state's constitution, meaning workers in the state pay the same income tax rate regardless of their income. Most states have a graduated income tax with a higher tax rate for those with higher incomes, according to research by the Institute on Taxation and Economic Policy published in January. According to the tax policy organization's index measuring the impact of each state's tax structure on income equality, Michigan has the 35th most regressive state and local tax system in the U.S., the group's January 2024 "Who Pays?" report found. "Income disparities between high-income taxpayers and other families are larger in Michigan after state and local taxes are collected than before," the report states. Michigan Politics: Whitmer, Senate Democrats focus on policies targeting littlest Michiganders Michigan Department of Treasury spokesperson Ron Leix declined to comment on the impact of a tax cut on different income groups. The department opposes the proposed tax cut, according to a summary of the bill from the House Fiscal Agency. Foreman cited an Institute on Taxation and Economic Policy analysis on the proposed tax cut she said found 64% of it would go to the wealthiest 20% while those making under $27,000 would see an average tax cut of $11. While Republican state lawmakers have championed an income tax cut as a way to provide financial relief to Michigan families, Democratic state lawmakers want to focus on expanding support for new parents and have proposed a new child tax credit and cash assistance program for pregnant mothers and babies. "For far too many, raising a child has become a financial headache and a constant source of worry as they struggle to keep up with rising costs and this has a profound impact on the health and well-being of parents, our kids and our economy," said state Sen. Mallory McMorrow, D-Royal Oak, during a press conference last Wednesday. The legislation to cut Michigan's income tax rate passed in the House Tuesday next heads to the Democratic-led Michigan Senate for consideration. Contact Clara Hendrickson at chendrickson@ or 313-296-5743. This article originally appeared on Detroit Free Press: Michigan House Republicans OK tax cut with some Dem support
