on that ballot. In Canton, a spe-
cial election costs about $44,000,
she said.
James Toth, director of pub-
lic information for the Wayne
County Commission, said that a
special election would not be
required.
“The charter allows the com-
mission to fill the vacancy with-
in 30 days and requires the
appointment to be of the same
political party as the departing
commissioner. The charter also
calls for a special election if the
appointment ismadewithmore
than one year left in the term,
but state law (Public Act 84 of
2013) rendered that portion
moot, so the appointee will
serve the remainder of the
term,” Toth said. He also includ-
ed the Michigan Public Acts
Table of the amended state
election laws from 2013 which
says that the odd numbered
year special election require-
ment is eliminated unless the
vacancy is not filled by appoint-
ment.
“I think the confusion
regarding PA 84 of 2013 is that it
amended County Commissions
PA 261 of 1966 in chapter 46.
Wayne County is organized
under PA 293 of 1966, the
Charter County Enabling Act,”
Sharland said.
Price was recommended for
the position of supervisor by a
political action committee or
PAC, according to Sharland.
The group, called the Wayne
11th Congressional District
Committee, may recommend a
candidate or endorse their
choice to fill a vacancy, as
occurred with Price, but they
are not empowered tomake the
final selection of a candidate
recommendation, Sharland
contends.
“That is a job for the Wayne
County Republican Comm-
ittee,” he added.
The
Wayne
11th
Congressional
District
Republican
Committee
Chairman Carl Berry has
reportedly already recommend-
ed local Plymouth attorney Joe
Barone for the appointment to
fill the remainder of Price's 2-
year term. That may or may not
be the recommendation of the
state Republican Party, howev-
er, as the official state
Republican Party Committee
website listsDillonBreen as the
Wayne County chairman. Berry
is not listed among the official
district committee members.
These are two separate
Republican entities, Sharland
said.
According to the Michigan
Campaign Finance Act 388 of
1976, 169.211, Sec. 11, Part 6,
“There shall not be more than 1
(one) officially designated politi-
cal party committee per county
andper congressional district.”
Sharland has suggested the
official recommendation of the
party could differ from that sub-
mittedbyBerry.
Paul Garon, a Republican
Party precinct delegate, agrees
with Sharland regarding the
appointment of Price requiring
a special election in both
Plymouths and Canton
Township to fill his commission
seat.
Garon said he is worried that
the party will lose one of the
only two seats it currently holds
on the 15-member Wayne
CountyCommission.
“They're (the 11th District
committee) throwing us under
the bus. I feel betrayed.” Garon
said.
A
SSOCIATED
N
EWSPAPERS OF
M
ICHIGAN
P
AGE
2
April 16, 2015
P
LYMOUTH
Plymouth Township has filed
for a reconsideration through the
Michigan Court of Appeals, seek-
ing to overturn the court decision
to return 190-acres of land to the
City of Detroit.
Ownership of the land located
at Five Mile and Ridge roads has
been in dispute since attorneys
for Detroit filed a lawsuit seeking
to reclaim the land purchased by
the township at a tax foreclosure
sale for $606,150 in 2011. The
land had been assessed at $15
million and reduced to $8million
at the last recorded valuation.
The land is part of the former
Detroit House of Corrections
property and was being leased to
a local farmer by the City of
Detroit prior to the title dispute
and tax foreclosure sale.
In February, Wayne County
Circuit Court Chief Judge Robert
Columbo Jr. ruled that the land
should be returned to the City of
Detroit as the legal owner and
that the tax foreclosure sale was
improper. Detroit attorneys
claimed in their legal arguments
that as public land, the property
was not subject to tax foreclo-
sure. In earlier arguments, the
attorneys noted, too, that the city
was never properly notified of
any amount of tax due on the
land.
According to official title
records, Plymouth Township
incorrectly recorded ownership
of the land as one 323-acre parcel
rather than splitting the land into
two separate parcels. A 133-acre
section was purchased by a
development corporation while
the 190-acre section was still
owned by the City of Detroit. Tax
notices for the entire 323 acres
were then erroneously sent to
the corporation which defaulted
and did make any tax payments
on any portion of the land.
The township then notified
the office of the Wayne County
Treasurer that 2007 and 2008
taxes on the entire section had
not been paid and the foreclo-
sure sale of the entire acreage
was scheduled. Plymouth
Township officials were the only
bidders on the land at the sale.
Representing Plymouth
Township in the appeal of
Columbo's ruling, attorney Kevin
Bennett claims that the 2010
State Tax Commission bulletin
exempting municipal property
from foreclosure did not recog-
nize that the land is only exempt-
ed when it is used for a public
purpose. He noted in his court
filing that Detroit left the land
undeveloped and therefore the
State Tax Commission exceeded
it's authority in exempting the
land and the “inclusion of munic-
ipally-owned land is flawed.”
Bennett further argues in his
filing that Detroit was aware of
the taxes due and the pending
foreclosure sale. He claims that
the city knew of the obligation to
pay taxes on the land, despite the
failure of the township to send
notices to the correct owner.
TheCity of Detroit also named
the Wayne County treasurer and
the county itself as defendants in
the original suit. The county has
claimed that they have no
responsibility in the matter and
acted properly as the actions
taken were based solely on infor-
mation provided to them by
PlymouthTownship.
Chief Deputy Wayne County
Treasurer David Szymanski said
at the time of Columbo's ruling
that the dispute is between the
City of Detroit and Plymouth
Township and that the actions of
the county were appropriate in
light of the information provided
by the township.
Detroit attorneys have until
March 20 to file their arguments
for retaining title to the landwith
the court of appeals. They have
said that the city is willing to
entertain an offer to purchase
the land fromthe township.
Bennett further argues in his filing
that Detroit was aware of the taxes
due and the pending foreclosure sale.
”
The charter allows the commission
to fill the vacancy within 30 days and requires
the appointment to be of the same
political party as the departing commissioner.
”
Township will appeal decision on DeHoCo land
Election
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