Attorneys Matt Cross and Greg Grant Obtain Summary Disposition of Novel Open Meetings Act Claims 

Matt Cross and Greg Grant, partners in our Traverse City office, recently obtained summary disposition in a case involving novel claims under the Open Meetings Act (OMA).

The claims stemmed from a separate lawsuit involving a Northern Michigan county, which was also ultimately dismissed by a federal court. The county went into closed session to discuss a settlement proposal, which prompted the OMA claims arguing that the county improperly went into closed session because the settlement offer was a “no cost” settlement offer. The plaintiff also argued that the county, through its county administrator, violated the OMA when it retained defense counsel in the other lawsuit, and when it failed to, among other things, answer the lawsuit and discovery requests in an open session.

Attorneys Cross and Grant argued that the county administrator was not a “public body” under the OMA and that the retention of defense counsel, responding to a lawsuit, and responding to discovery requests were not “decisions” as defined by the OMA that had to be made in an open session. They also argued that even though the settlement offer was “no cost,” discussion in an open session would have had a detrimental financial impact on the county. The circuit court ultimately agreed and dismissed the case.

This case highlights the importance of having sound legal advice prior to any action by a legislative or governing body to ensure compliance with the OMA, and the importance of having experienced defense counsel in the event litigation arises.

Matthew Cross is a partner in the Firm’s Traverse City office where he focuses his practice on municipal law, zoning and land use, law enforcement defense and litigation, insurance defense, and general litigation. He has experience handling employment law, personal injury defense, marijuana licensing litigation, civil rights litigation, constitutional litigation, and other municipal issues. He may be reached in our Traverse City office at (231) 922-1888 or mcross@cmda-law.com.

Gregory Grant is a partner in our Traverse City office where he focuses his practice on municipal law, employment and labor law, insurance defense, and litigation. He has extensive litigation experience in the areas of employment and labor law, police liability, first amendment law, due process, Open Meetings Act (OMA) and Freedom of Information Act (FOIA) and has earned dismissals in each of these areas. He may be reached in our Traverse City office at (231) 922-1888 or ggrant@cmda-law.com.