DOCSLIB.ORG

Petitioners, V

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Petitioners, V No. 19-_________ ================================================================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- CITY OF FLINT, et al., Petitioners, v. SHARI GUERTIN, et al., Respondents. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit --------------------------------- --------------------------------- PETITION FOR A WRIT OF CERTIORARI --------------------------------- --------------------------------- Attorney for City of Flint Attorneys for City of Flint WILLIAM Y. KIM* FREDERICK A. BERG, JR. Assistant City Attorney SHELDON H. KLEIN CITY OF FLINT DEPT. OF LAW BUTZEL LONG, P.C. 1101 S. Saginaw, 3rd Floor 150 W. Jefferson Ave., Flint, MI 48502 Suite 100 (810) 766-7146 Detroit, MI 48226 [email protected] (313) 225-7000 [email protected] *Counsel of Record [email protected] Date: August 14, 2019 [Additional Counsel Listed On Inside Cover] ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM Attorney for Darnell Earley Attorney for Gerald Ambrose TODD PERKINS BARRY A. WOLF PERKINS LAW GROUP LAW OFFICE OF 615 W. Griswold, Suite 400 BARRY A. WOLF, PLLC Detroit, MI 48226 503 S. Saginaw St., (313) 964-1702 Suite 1410 [email protected] Flint, MI 48502 (810) 762-1084 Attorney for Howard Croft [email protected] ALEXANDER S. RUSEK WHITE LAW PLLC 2549 Jolly Rd., Suite 340 Okemos, MI 48664 (517) 316-1195 [email protected] i QUESTIONS PRESENTED The Questions Presented are: 1. Whether the substantive due process right to bodily integrity should be extended to protect the public at large from exposure to an environmental toxin resulting from governmental policy decisions. 2. Whether it is plausible that a municipal officer’s actions were conscience-shocking where the Respondents admit that the policy decisions were based on the advice and direction of the controlling State reg- ulatory agency and with the advice of ex- pert advisors. 3. If the answer to Questions 1 or 2 is “yes,” was the right clearly established? 4. Whether the City, which was under the substantially complete control and au- thority of the State under Michigan’s “Lo- cal Financial Stability and Choice Act of 2012,” was an arm of the State and thus entitled to immunity from suit under the Eleventh Amendment. ii PARTIES TO THE PROCEEDING Petitioners are Defendants City of Flint, Darnell Earley, Gerald Ambrose, and Howard Croft. The City is a Michigan municipality. During the relevant time pe- riod, the City was governed by State-appointed emer- gency managers. Messrs. Earley and Ambrose are former Emergency Managers who held office sequen- tially. Mr. Croft is the former Director of the City’s De- partment of Public Works, which includes the Flint Water Treatment Plant.1 Respondents are Plaintiffs Shari Guertin, indi- vidually and as next friend of her child, E.B., and Diogenes Muse-Cleveland. The other remaining Defendants are: former Michi- gan Department of Environmental Quality personnel Liane Shekter-Smith; Steven Busch, Michael Prysby and Bradley Wurfel, as well as two engineering firms – Veolia North America, LLC and Lockwood Andrews & Newnam, Inc. 1 Petitioners Croft, Earley, and Ambrose will sometimes be referred to as “Individual City Defendants” and, with the City, “City Defendants.” iii DIRECTLY RELATED CASES2 1. United States District Court for the Eastern Dis- trict of Michigan.2 • Guertin et al. v. State of Michigan, et al., Case No. 16-cv-12412. Opinion and Order entered June 5, 2017. 2. United States Court of Appeals for the Sixth Circuit. • Guertin et al. v. State of Michigan, et al., Case No. 17-1698, 17-1699, 17-1745, 17- 1752 and 17-1769. Opinion entered Janu- ary 4, 2019. • Guertin et al. v. State of Michigan, et al., Case No. 17-1699 and 17-1745. Order denying rehearing en banc entered May 16, 2019. 3. United States Supreme Court. • Busch, et al. v. Guertin et al., Application No. 19A111. 2 This case is one of 49 pending in the United States District Court for the Eastern District of Michigan that have been consol- idated as In re Flint Water Litigation, 16-cv-10444. It is unclear to petitioner whether that consolidated case of the member cases are “related” within the meaning of Supreme Court Rule 14. 1(b)(i). iv TABLE OF CONTENTS Page Questions Presented ............................................... i Parties to the Proceeding ....................................... ii Directly Related Cases ........................................... iii Table of Contents .................................................... iv Table of Authorities ................................................ vii Petition for a Writ of Certiorari ............................. 1 Opinions Below ....................................................... 1 Jurisdiction ............................................................. 1 Statutes Involved .................................................... 2 Introduction ............................................................ 3 Statement of the Case ............................................ 6 Reasons to Grant the Petition ................................ 12 I. This Court should decide whether the right to bodily integrity should be expanded to in- clude a right to protection from exposure to environmental toxins ................................... 12 A. The Panel Majority’s holding is unrooted in this Court’s substantive due process jurisprudence ......................................... 12 B. Courts have repeatedly rejected a sub- stantive due process right to be protected from environmental contaminants ....... 15 v TABLE OF CONTENTS – Continued Page II. This Court should decide whether it is plausible that the decisions of government officials acting with the approval of regula- tory enforcers and the advice of recognized experts can be found to be conscience- shocking ........................................................ 17 III. This Court should decide whether the al- leged right was clearly established ............. 22 IV. This Court should decide whether a munic- ipality under the complete control of the State is an arm of the State, entitled to Eleventh Amendment immunity ................. 25 Conclusion ............................................................... 28 TABLE OF APPENDICES: Appendix A Opinion of the Sixth Circuit Court of Appeals (January 4, 2019) ......... App. 1 Appendix B Opinion and Order of the U.S. Dis- trict Court for the Eastern District of Michigan Granting in Part and Denying in Part Defendants’ Mo- tion to Dismiss (June 5, 2017) ... App. 117 Appendix C Sixth Circuit Court of Appeals Or- der Denying Rehearing en banc (May 16, 2019) ............................ App. 201 vi TABLE OF CONTENTS – Continued Page Appendix D First Interim Report of the Special Master. In re Flint Water Cases, Case No. 16-cv-10444, Eastern Dis- trict of Michigan (February 22, 2019) ........................................... App. 220 Appendix E Complaint ................................... App. 240 Appendix F Michigan “Local Financial Stabil- ity and Choice Act of 2012,” Public Act 436 (excerpts) ....................... App. 356 vii TABLE OF AUTHORITIES Page CASES Arrington-Bey v. City of Bedford Heights, 858 F.3d 988 (6th Cir. 2017) .................................... 23 Ashcroft v. al-Kidd, 563 U.S. 731 (2011) ................................................. 24 Barrett v. United States, 798 F.2d 565 (2d Cir. 1986) ....................................... 9 Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) ................................................. 17 Branch v. Christie, No. 16-2467 (JMV) (MF), 2018 WL 337751 (D.N.J. Jan. 8, 2018) .................... 15 Brannum v. Overton Cty. Sch. Bd., 516 F.3d 489 (6th Cir. 2008) .................................... 23 City of Escondido v. Emmons, ___ U.S. ___, 139 S. Ct. 500 (2019) .......................... 22 Cnty. of Sacramento v. Lewis, 523 U.S. 833 (1998) ........................................... 18, 20 Concerned Citizens of Neb. v. U.S. Nuclear Regulatory Comm’n, 970 F.2d 421 (8th Cir. 1992) .................................... 16 Coshow v. City of Escondido, 132 Cal. App. 4th 687 (Cal. Ct. App. 2005) ............. 15 Cruzan v. Dir., Missouri Dep’t of Health, 497 U.S. 261 (1990) ....................................... 9, 10, 15 Doe v. Claiborne Cty., 103 F.3d 495 (6th Cir. 1996) .................................... 14 viii TABLE OF AUTHORITIES – Continued Page Ernst v. Rising, 427 F.3d 351 (6th Cir. 2005) .............................. 25, 27 Hope v. Pelzer, 536 U.S. 730 (2002) ................................................. 24 Hunt v. Sycamore Community School Dist. Bd. of Educ., 542 F.3d 529 (6th Cir. 2008) .................................... 20 In re Cincinnati Radiation Litigation, 874 F. Supp. 796 (S.D. Ohio 1995) .......................... 11 Ingraham v. Wright, 430 U.S. 651 (1977) ........................................... 10, 14 Jones v. Reynolds, 438 F.3d 685 (6th Cir. 2006) .................................... 15 Juliana v. United States, 217 F. Supp. 3d 1224 (D. Or. 2016) ......................... 16 Kallstrom v. City of Columbus, 136 F.3d 1055 (6th Cir. 1998) .................................. 14 Kisela v. Hughes, 584 U.S. at ___, 138 S. Ct. 1148 (2018) ..................
Load more

Recommended publications
  • Inter Alia Among Other Things
    State Bar of Michigan Young Lawyers Section Inter Alia Among Other Things Fall 2015 www.michiganyounglawyers.com Council Officers Letter from the Chair-Elect Chairperson Andrea Irons Chairperson-Elect Mark W. Jane h, fall! I love this time of year. From the outstanding weather, to football at all levels (Go Blue!), all the way to the bustling apple or- Secretary A Shenique A. Moss chards, the fall is always great in the Midwest. Also, it’s the start of a new bar year for the State Bar of Michigan and the Young Lawyers Section! Treasurer Syeda F. Davidson By the time you read this, I will just about be starting my term as chair of the YLS (October 8 at Suburban Collection Showplace in Novi, Michi- Council gan to be exact—register for the Annual Meeting if you can make it!). I Elizabeth Abdnour Matthew P. Breuer am looking forward to a very productive year ahead, and I am confident I Jerome Crawford can speak for all members of the YLS Council that they are as well. Mark Jane Of course, you might want to know why we are going to have a pro- Tanya N. Cripps Butzel Long Jade J. Edwards 301 East Liberty Street ductive year for 2015-2016. It’s my goal that the YLS host a program in Suite 500 Stephanie E. Farkas Ann Arbor, MI 48104 every major county in the state of Michigan. That way, all members of Kara R. Hart-Negrich P: (734) 995-3110 YLS (over 8,000 strong!) will have close access to the great bar and public E: [email protected] Aysha J.
    [Show full text]
  • 646.380.0036 Fax: 646.380.0039 Mobile: 917.623.9102 E-MAIL: [email protected]
    MARTIN E. KARLINSKY, ESQ. KARLINSKY LLC 570 Lexington Avenue, Suite 1600 New York, New York 10022 Direct: 646.380.0036 Fax: 646.380.0039 Mobile: 917.623.9102 E-MAIL: [email protected] July 1, 2012 to Present SOLE MEMBER, KARLINSKY LLC New York, New York Sole member of limited liability company engaged in the practice of law. Karlinsky LLC concentrates on trial and appellate advocacy in complex business, civil, commercial, securities, trusts and estates, financial services industry, constitutional, corporate and partnership, and personal litigation, and in alternative dispute resolution. Mr. Karlinsky is an experienced trial and appellate advocate, with over 150 trials, arbitrations, and argued appeals during his 36-year career. February 2009 to June 30, 2012 SHAREHOLDER, BUTZEL LONG, P.C. New York , New York Shareholder in 150-lawyer firm with headquarters in Detroit, Michigan, and offices in New York and Washington, D.C. Founded in Michigan in 1854, Butzel Long is one of America’s pre-eminent law firms. March 2002 to January 2009 EQUITY PARTNER AND SENIOR COUNSEL KATTEN MUCHIN ROSENMAN LLP New York, New York September 2000 to March 2002 EQUITY PARTNER ROSENMAN & COLIN LLP New York, New York Equity Partner and Senior Counsel in Litigation Department of 650-lawyer firm with headquarters in Chicago, and major offices in New York City, Washington, D.C., and Los Angeles. (Rosenman & Colin LLP merged with Katten Muchin & Zavis to form Katten Muchin Rosenman LLP in March 2002.) 1982 to September 2000 FOUNDING PARTNER, 1982 MANAGING PARTNER, 1991 TO APRIL 2000 CAMHY KARLINSKY & STEIN LLP, New York City, New York Camhy Karlinsky & Stein LLP was a mid-sized New York City firm with practice areas in civil and government litigation; corporate and securities law; real estate law and finance; and tax law.
    [Show full text]
  • President's Column Panel Discussion on Milliken V
    Federal Bar Association - Eastern District of MichIgan Chapter - 39 yea~ of service to our Federal Bench and Bar Rakow Luncheon To Feature President's Column Panel Discussion On Milliken V. Bradley In late September, I had the privilege of repre­ senting our Chapter at the FBA's Annual Meet­ The FBA will host its annual Rakow Scholarship ing, which hosted by the Northern District of Ohio Awards Luncheon on Thursday, November 9,2000, at the Chapter of the FBA this year. This column shares Downtown Courtyard by Marriott Hotel. The luncheon some of my reflections from that event. honors the memory of Edward H. Rakow, who served as The National FBA is a large, solid and diverse Assistant Regional Administrator for the Securities and organization. With transportation costs underwrit­ Exchange Commission in Detroit for 26 years, and who ten by National in recent years, hundreds of del­ egates representing chapters from throughout the was instrumental in founding the Eastern District of country attend the Annual Meeting. The FBA Michigan Chapter of the FBA. The luncheon will feature chapter from Cleveland, myoid home town, did the annual presentation of the Rakow Award scholarships, an excellent job hosting the event. awarded each year to one outstanding student at each of Recent changes at National include the appoint­ Michigan's five law schools. ment of Jack Lockridge as Executive Director. The luncheon is also the occasion for the annual Jack brings to the position substantial experience meeting of the Historical Society for the U.S. District from bar association work in Texas, along with Court for the Eastern District of Michigan, and will feature abundant energy.
    [Show full text]
  • Fall 2010 Federal Bar Association - Eastern District of Michigan Chapter - 52 Years of Service to Our Federal Bench and Bar
    www.fbamich.org FBAnewsletterFall 2010 Federal Bar Association - Eastern District of Michigan Chapter - 52 years of service to our Federal Bench and Bar Rakow Awards/ President’s Column Historical Society Luncheon Laurie Michelson The annual joint luncheon of the Chapter and the His- torical Society of the U.S. District Court for the Eastern I left the Gilman luncheon last District of Michigan will be held on Thursday, November April with such a good feeling. 18, at the historic Westin Book Cadillac Hotel in downtown We knew about Doug Mullkoff’s Detroit. A reception begins at 11:30 a.m. with the luncheon dedication to his criminal defense work and it was moving to listen starting at noon. to him speak with such joy and The program will feature the presentation of the Fed- passion about it. It was equally inspirational to listen to eral Bar Foundation’s annual Rakow Scholarship Awards Detroit Mayor Dave Bing and his hopes and dreams for to students from each of Michigan’s law schools and a very our wonderful City -- and to think special Historical Society program featuring Ross Parker, about the life he put on hold to author of the book Carving Out the Rule of Law: The try to bring all of us better days. History of the United States Attorney’s Office in Eastern It was with this renewed sense Michigan, 1815-2008. Ross Parker was the chief of the of pride that I went immediately criminal division in the U.S. Attorney’s Office in Detroit to the airport to catch a plane to for 8 years and an AUSA for 28 years in that office.
    [Show full text]
  • Real Estate Economy, Acquisition, Bonus Pay Cited As Reasons for Attrition
    20100705-NEWS--0001-NAT-CCI-CD_-- 7/2/2010 6:48 PM Page 1 ® www.crainsdetroit.com Vol. 26, No. 27 JULY 5 – 11, 2010 $2 a copy; $59 a year ©Entire contents copyright 2010 by Crain Communications Inc. All rights reserved Page 3 After attrition, Auto suppliers lead Butzel Long regroups Royal Oak COURTESY OF ANN ARBOR STREET ART FAIR takes critical Artist booths line a walkway at the annual Ann Arbor Street Art Fair. look at This year’s fair, held with three the way to strong 1Q liquor others in Ann Arbor, is July 21-24. licenses 61 companies report total $5.8B turnaround Ann Arbor BY TOM HENDERSON sors-Investment Banking LLC, said it Auto suppliers led the way: All Inside CRAIN’S DETROIT BUSINESS was confirmation that auto suppli- nine had better first quarters this ers have done a better, faster job of year than one year ago, and all had Sam Valenti III of Bloomfield rightsizing their operations than profits. Bill would lessen tax fair adapts Hills-based Valenti Capital Manage- anyone could have predicted. In the first quarter of 2009, only on tobacco distributors. ment said the first Their reason for optimism is the Visteon Corp. finished in the black, quarter was “spec- QUARTERS combined result of first-quarter and then just barely, with net in- Capitol Briefings, Page 15 tacular.” earnings reported by Southeast come of $2 million. Last year, Lear to remain David Sowerby, COMPARED Michigan public companies. Corp. lost $264.8 million, Johnson Con- chief market ana- Of the 61 companies reporting as trols Inc.
    [Show full text]
  • The Bulletin
    NUMBER 60 FALL 2008 THE BULLETIN NEW PRESIDE NT DALTON: KEE P STAN DAR DS H IG H John J. “Jack” Dalton and wife Marcy. Photograph by Sister Moore, Atlanta. The College’s membership rolls are filled with lawyers who have handled high-profile cases since its founding in 1950, but not many can say that they represented a client who successfully enjoined the President of the United States. Con’t on page 10 This Issue: 28 Pages American College of Trial Lawyers I N T H I S I S S U E The Bulletin Chancellor-Founder Hon. Emil Gumpert Dalton New President ........................ Cover (1895-1982) Officers John J. “Jack” Dalton, President From the Editorial board .......................... 3 Joan. A. Lukey, President-Elect Thomas H. Tongue, Secretary Gregory P. Joseph, Treasurer Mikel L. Stout, Immediate Past President Regional Roundup ................................... 3 Board of Regents Paul D. Bekman Christy D. Jones Baltimore, Maryland Jackson, Mississippi Task Force Survey Results ......................... 5 Robert L. Byman Gregory P. Joseph Chicago, Illinois New York, New York J. Donald Cowan, Jr. Philip J. Kessler Greensboro, North Carolina Detroit, Michigan Law School Honors Deacy........................ 8 John J. “Jack” Dalton Joan A. Lukey Atlanta, Georgia Boston, Massachusetts Michel Decary, Q.C. Paul S. Meyer Montreal, Canada Costa Mesa, California To Make a Judge Cry ................................ 9 Francis X. Dee John S. Siffert Newark, New Jersey New York, New York Bruce W. Felmly Mikel L. Stout Manchester, New Hampshire Wichita, Kansas Awards, Honors and Elections ................ 13 Paul T. Fortino Thomas H. Tongue Portland, Oregon Portland, Oregon Phillip R. Garrison Chilton Davis Varner Springfield, Missouri Atlanta, Georgia Major Gift to Foundation ......................
    [Show full text]
  • From the Chair by Joanne Geha Swanson
    An official publication of the State Bar of Michigan Appellate Practice Section From the Chair By Joanne Geha Swanson Summer 2018, Vol. 22, No. 2 In his Twitter account just after New Year’s Day in 2012, Stephen Covey, author In this Issue of The 7 Habits of Highly Effective People, wrote: “The key is not spending time, but investing it. How will you invest your time this year?” From the Chair....................................1 I like to ask myself this question at the midpoint of the year when I can evalu- (Cleaned Up) ......................................3 ate my personal ratio of spent versus invested time, and contemplate the import of another Covey quote: Meet Justice Kurtis T. Wilder ..............5 “Your most important work is always ahead of you, never behind you.” Recommended Reading for the Appellate Lawyer ................................7 These credos are apropos as I prepare to relinquish the Section leadership to Bridget Brown Powers, who will become Chair of the Section at the annual meeting Cases Pending Before the Supreme in September. Who ever knew the time would pass so quickly! More importantly, Court After Grant of Oral Argument in line with the Covey credos, what investments has the Section made in the past on Application .....................................9 year to further the practice of appellate law in our state, and what important work lies ahead? These are questions that members of the Section might well wonder Selected Decisions of Interest to the about. So here are a few highlights you might want to keep your eye on. Appellate Practitioner .......................12 E-Briefing Proposal – The great work of the Ad Hoc E-Briefing Committee began under the leadership of former Chair Gaëtan Gerville-Reache and culminated in March of this year when the Section presented its proposed Administrative Order to the Court of Appeals for the implementation of a pilot e-briefing program.
    [Show full text]
  • 1810 50026.Pdf
    Exhibit “A” GENERAL MOTORS CORPORATION Service List Claim Name Address Information AFFINIA DAVID OVERBEEKE, CEO 4400 PRIME PARKWAY MCHENRY IL 60050 AIRGAS, INC. ATT: DAVID BOYLE, CONSULTANT TO LEGAL DEPT 259 RADNOR CHESTER ROAD RADNOR PA 19087 ALIX PARTNERS LLP ATTN: MICHELLE CAMPBELL 300 N LASALLE STREET CHICAGO IL 60654 ALLARD & FISH, P.C. ATT: DEBORAH L. FISH, ESQ. 2600 BUHL BLDG 535 GRISWOLD DETROIT MI 48226 ALPINE ELECTRONICS OF AMERICA, INC. ATT: CYNTHIA WOODRUFF-NEER, ESQ. 19145 GRAMERCY PLACE TORRANCE CA 90501 ARCADIS U.S., INC. ATT: LIESL SPANGLER, ASSOCIATE COUNSEL 630 PLAZA DRIVE, SUITE 100 HIGHLANDS RANCH CO 80129 ARENT FOX LLP ATT: JAMES M. SULLIVAN, ESQ. ATTY FOR SUPERIOR INDUSTRIES INTERNATIONAL, INC. 1675 BROADWAY NEW YORK NY 10019 ARENT FOX LLP ATT: JAMES M. SULLIVAN, ESQ. ATTY FOR TIMKEN COMPANY 1675 BROADWAY NEW YORK NY 10019 ARENT FOX LLP ATTN: JAMES M. SULLIVAN, ESQ. ATTY FOR DISCOVERY COMMUNICATIONS, LLC 1675 BROADWAY NEW YORK NY 10019 ARENT FOX LLP ATT: CHRISTOPHER GIAIMO, JEFFREY ROTHLEDER ANDREA CAMPBELL, ESQS ATTY FOR HARMAN BECKER AUTOMOTIVE SYSTEMS, INC 1050 CONNECTICUT AVE, NW WASHINGTON DC 20036 ARENT FOX LLP ATT: MARY JOANNE DOWD, ESQ. ATTY FOR TOYOTA BOSHOKU AMERICA, INC. 1050 CONNECTICUT AVENUE, NW WASHINGTON DC 20036 ARNALL GOLDEN GREGORY LLP ATT: DARRYL S. LADDIN & FRANK N. WHITE ATTY FOR VERIZON COMMUNICATIONS INC. 171 17TH STREET, NW, SUITE 2100 ATLANTA GA 30363 AT&T SERVICES INC. ATTN: JAMES W. GRUDUS ONE AT&T WAY, ROOM 3A218 BEDMINSTER NJ 07921 ATTORNEY GENERAL FOR THE STATE OF ATTN: ROLAND HWANG, ESQ. 3030 W. GRAND BOULEVARD, SUITE 9-600 DETROIT MI 48202 MICHIGAN ATTORNEY GENERAL FOR THE STATE OF TEXAS ATT: MARK BROWNING, ASSISTANT ATTORNEY GENERAL BANKRUPTCY & COLLECTIONS DIVISION P.O.
    [Show full text]
  • [email protected] Direct: +1.313.528.7600 Office: Detroit | Cleveland*
    Name: Jeremy R Cnudde Email: [email protected] Direct: +1.313.528.7600 Office: Detroit | Cleveland* Practice Areas: Commercial Transactions; General Corporate; Mergers & Acquisitions; Real Estate; Tax Bar Admissions: Michigan; Ohio* certified to practice law pending admission Education: Michigan State University - Detroit College of Law, JD (cum laude), 2003; Michigan State University, BA - Accounting, 1999 Experience: Butzel Long, PC; Kotz Sangster, PC; Kemp Klein Law Firm Jeremy R. Cnudde is a Partner who helps clients navigate complex mergers and acquisitions, business succession planning, equity and tax reorganizations, and other corporate and financial transactions. Mr. Cnudde works with middle-market, entrepreneurial businesses with diverse backgrounds, including those in the engineering, manufacturing, aerospace and defense, distribution, retail, and agricultural industries. Beyond mergers and acquisitions he helps clients identify key concerns and negotiate with partners and investors on operating and shareholder agreements, shareholder disputes, buy-sell agreements, and drafting of supplier, customer and representative agreements. He has assisted companies with corporate finance and capital acquisition matters, private equity investments, recapitalizations, bank financing, and private placement issuance. Mr. Cnudde also has significant experience with federal, state, and local tax planning, and property tax appeals. This includes tax-free reorganizations of businesses, partnership formation and tax planning regarding adding partners and partner distributions, and state tax planning regarding sales, use and business taxes. Mr. Cnudde's has helped numerous nonprofit corporations including charitable 501(c)(3) and 501(c)(6) associations from formation and obtaining and maintaining tax exempt status from the IRS, managing on-going business and tax compliance concerns, and negotiating nonprofit mergers, joint ventures and business transactions.
    [Show full text]
  • !I " I? Qo 1 Complainants
    STATE OF MCHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION The Michigan Pay Telephone Association, et al., Z. 1 .,!I " i? qo 1 Complainants, 1 Michigan Bell Telephone Company, and GTE North 1 Case No. U-11756 Incorporated, 1 1 Respondents. 1 1 Complaint Pursuant to Sections 203,204, and 3 18 of 1 the Michigan Telecommunications Act to Compel 1 Respondents To Comply with Section 276 of the Federal 1 Communications Act. 1 To: All Parties of Record NOTICE OF FILING Please take notice that on September 30, 1998, we caused to be filed with the Michigan Public Service Commission and original plus 15 copies of the COMPLAINANTS' MOTION TO ANEND THE PROTECTIVE ORDER,OR IN THE ALTERNATIVE, FOR CLARIFICATION AND RECONSIDERATION A copy of the foregoing document is hereby served upon you. Henry T. Kelly, one of the Complainants' Attorneys. CERTIFICATE OF SERVICE I, Henry Kelly, an attorney, hereby certify that I caused copies of the foregoing documents to be served upon the above named counsel at their address, by Federal Express delivery on September 29, 1998. In addition, I caused a copy of the Complainants' responses to Ameritech's First Set of Discovery Requests to be served on all parties of record. Henry T. Kelly, one of the Complainants' Attorneys. Mr. William R. Ralls Mr. Henry T. Kelly Mr. Leland R. Rosier Mr. Michael W. Ward Butzel Long O'Keefe, Ashenden, Lyons and Ward 118 West Ottawa Street 30 N. LaSalle St., Suite 4100 Lansing, Michigan 48933 Chicago, Illinois 60602 (51 7) 372-6622 (3 12) 621-0400 (517) 372-6672 (Facsimile) (3 12) 62 1-0297 (Facsimile) MICHIGAN PUBLIC SERVICE COMMDSSl(aN ,, .
    [Show full text]
  • Butzel, Long, Gust, & Van Zile Letter Re
    BUTZEL LONd GUST KLEIN & VAN »TTORNCTS AND COUNSELLORS 'N'A r M( r I65O FIRST NATIONAL BUILDING flMlAN O H(MNr -'UIM r o SHCA DETROIT, -MICHIOAN 4B226 EPA Region 5 Records Ctr. I 3ID) «>R3 ftlrtj Cn ( 31^1 ??5 7OOO • TELEX RIO ??I3O60 o STCWAMT G»rrN 223622 Ol*4H>4 • SCWVJV.M L 9ADLCH MAH« T NClSON DAM*itL F* MALONf OSCAft H riLOMAN CO*GC CONSTANCE M ITTlNCC" MUGCT 'BIRMINGHAM OFTICC • CPtr •UMOOVNV. PC "Circ * B»OO«S HICHAM C PtTCK TMIUT. ^C . QH* M SUITE aoo 3?2?o TELEGRAPH ROAD C OMAN i GOLD BIRMINGHAM. MICHIGAN AOO HO I 3131 ?5O. 1616 Jt«tO JOMHftTON JOHN j HUMM MtCMAlL ^ CO\.*« TEUECOPIEU 13131 256 1139 JAMCS D KITCMIC C OWAMD M HALINU* MANY MAT 0*viO j F »« I » ( S' I ** Detroit Office April 21, 1989 Ms. Fran Allans U.S. Environmental Protection Agency Region V 230 South Dearborn Street Chicago, Illinois 60604 Re: Sea Ray Boats, Inc. Metamora Landfill- Dear Ms. Allans: your .recent correspondence, including the copy of Russell Parrish's deposition- transcript and the updated list of PRPs. We were very pleased to note that the PRPs now include many of U.S. Chemical's customers, and hope that our investigative materials were of some help. The §104 (e) letters were very skillfully drafted, and if properly complied with, should yield valuable and - signi f icant information. We did wonder why General Motors was not sent a §104 (e) letter. Our materials indicate that at least since 1977 General Motors was sending waste to U.S.
    [Show full text]
  • Scheduling 1974 (2)” of the Philip Buchen Files at the Gerald R
    The original documents are located in Box 52, folder “President - Scheduling 1974 (2)” of the Philip Buchen Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 52 of the Philip Buchen Files at the Gerald R. Ford Presidential Library Tbaak ,e. • .-y n ell~ .,.a ldad ~ :>I Sept mi.er~ wenlaa th to,.,....... - ........ A.eoci..S.. .t ...·~ ~... Ocitall•• 22 aad u. 1 -.. ,..._... yw .,...... fo2'a ~ -..W. tlae Pnml• art te Ml'. Wan.a ........ Dbectweflctl1tM...... ........... Pl•• M ..., .. 1will,._... 11y4e ..-Y• tw.c ,........ ...&at .,..1a dlU ....... P1llli1t VI• lS rbft c ••.ito.-~ Dr. JM I I Ja. '\nee•• P7•.... MA•••'-11•• I••* 11 ol TecllllDl•o ~W.•••11'*8 IW9 cc: Warren Rustand ' u FICE OF !HE PRF<;IDENT CAMBRIDGE, MASSACHLS ETTS 021'..!9 September 20,, 1974 The Honorable Philip W. Buchen Counsel to the President The White House Washington,, D. C. Dear Mr. Buchen: The Association of American Universities,, an association of the major graduate (and research) universities of the United States .
    [Show full text]