Judge denies Oakland Cares Coalition’s motion

By Don Rush

The little Village of Leonard, population around 380, found itself involved in what looks like a state-wide movement. On Aug. 24, legal counsel for the village, Oakland County and the Oakland Cares Coalition were before the Honorable Judge Yasmine Poles of the Oakland County Circuit Court in an online hearing.

The coalition went before Judge Poles to force the village and county to change the village’s Nov. 8 ballot language because, as their attorney Anderson Grandstaff said, the language was “prejudicial.” They sought to compel the Village Clerk and Village Council to draft and certify revised ballot question language regarding a proposed ordinance addressing recreational marijuana establishments in the Village.

Grandstaff argued the village didn’t give his group enough time to review the village’s ballot language before submitting it to the county for certification. The deadline for ballot language to be turned into the county was 4 p.m. on Aug. 16. At the hearing’s end, Judge Poles denied the coalition’s motion.

The official language that is currently on the ballot, yet to be printed, reads: This Petition Would Require the Village of Leonard Initiation of an Ordinance to Allow an Adult Use Recreational Marihuana Establishment.

“The Village of Leonard, as required by the authority of Section 6, Subsection 1 of the Michigan Regulation and Taxation Marihuana Act, 2018 Initiated Law 1 MCL 333.27951 Forward the proposition to allow and regulate within the Village limits the business operations of persons/businesses licensed by the State to operate Marihuana Establishment(s). This proposition would: 1) Allow State licensed Marihuana Establishments to operate within the Village in any zoning district including residential zoning; 2) Provide for an Ordinance for regulation of Recreational Marihuana for the operation of an establishment within the Village limits for growers, processors, retailers, transporters and micro-businesses. Should this proposition be adopted?”

Brandon Buck, representing Oakland County Clerk Lisa Brown and attorney John Kummer representing Leonard Clerk Loree Zelenock and the village council were successful in their defense.

When asked about the case attorney Kummer answered, “The Court denied Plaintiff’s Motion for a Writ of Mandamus. This ruling was based, in-part, upon the Court finding that Plaintiff (Oakland Cares Coalition) had no clear legal right to have new language certified and that the Village had no legal duty to perform such an act. The Village prevailing at last week’s hearing is significant — however, until a final order is entered dismissing all claims and the period during which an appeal may be filed lapses, the case will not be fully resolved. At this time, neither of those events have occurred.”

A proposed final order must be filed by the Oakland Cares group within seven days after the hearing – which would be Aug. 31, or later if the court allows. As of this writing, no order has yet been filed. If they file one, the county and village have seven days to offer their objections.

According to the Oakland County Clerk/Register of Deeds office, the deadline for ballot language changes is Sept. 9.

According to Village of Leonard President Michael McDonald, the village has adopted medical marijuana regulations for the use and production of marijuana in the light industrial zoning district of the village and decided to opt out of the recreational marijuana use when it was approved in Michigan.

“The Village Council has been very proactive regarding marijuana and our village attorneys have provided us with information that we have used to incorporate medical marijuana into our community. I cannot give you an exact cost, but I would expect that given the number of hours the attorneys have spent with us and the cost of litigation that it will be several thousand dollars,” McDonald added.

Who is Oakland Cares Coalition?

An online search of the Oakland Cares Coalition doesn’t give much information. They are a “Ballot Question Committee.” According to Oakland County’s website on Campaign Finance, the group was established on June 6, 2021 and is based in Livonia. The only person listed for this group is Treasurer Johnathen Tebbutt, of Oak Park. In September and August of 2021, they took the clerks of Clarkston, Keego Harbor and Royal Oak Township to court for similar reasons.

Tebbutt’s name comes up in an article written by Sarah Lehr of WKAR Public Media in November of 2021. That story was headlined, “Group is backing a string of marijuana proposals in Michigan, but its donors are a mystery.”

Wrote Lehr, “Eaton Cares Coalition. Shiawassee Cares Coalition. Southeast Michigan Patients Advocates Coalition. The names vary, but these political organizations have some things in common. They all list the same treasurer, and they’re all behind ballot measures this November that seek to allow more cannabis businesses in Michigan. It’s not clear, however, who’s funding this network of pro-cannabis proposals, which are on ballots Tuesday in small Michigan towns including Potterville, the city of Perry and Rockwood . . . In campaign finance documents, the coalition lists Johnathen Tebbutt of Oak Park as treasurer.”

The Leader has put in a call to Tebbutt and is waiting for a response.