PROPOSED FRANKFORT DEVELOPMENT LEGAL UPDATE

In an effort to clear up some of the confusing legal issues left with Judge Batzer’s ruling of November 20th, on the Tobin project, the Friends of Betsie Bay attorney, Jim Olson, filed a Motion to Reconsider in December with Judge Batzer. Not too surprisingly, Judge Batzer, on Monday, February 8th, denied FoBB’s motion.

As you may recall from our late November update, Judge Batzer’s ruling of November 20th, was favorable for the City of Frankfort and Mr. Marshall Tobin to enter a long contested ‘Consent Judgment’ that was based partially on a claim of Mr. Tobin’s that the Frankfort Zoning was unconstitutional. Judge Batzer also ruled the Friends of Betsie Bay, would no longer be considered as long term Interveners in support of the City’s efforts to uphold it’s Master Plan and Zoning Ordinances. This decision also prevents any citizen efforts for a public referendum which would allow the voters to decide this issue.

The Friends of Betsie Bay can now bring this matter to the Court of Appeals. We will continue to keep you updated as information becomes available.

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