Outside Legal Counsel PLC

OLC Secures Restraining Order Against Alleged Illegal Appointment Process

For Immediate Release | Jan 25, 2023

Today, the Michigan Court of Appeals issued an emergency injunction against the Genesee County Board of Commissioners from self-appointing a replacement to the seat vacated by former Commissioner Chairman Domonique Clemons. On behalf of OLC client Amy Miller, a former candidate for the District 4 commissionership, OLC sought to compel the Board of Commissioners to hold a special election as required by Michigan law. When the Genesee County Circuit Court did not act on Ms. Miller's lawsuit, OLC petitioned the Michigan Court of Appeals to immediately act on an emergency basis.

The Court of Appeals' order enjoins (i.e. bars) the Genesee County Board of Commissioners from appointing anyone until the local court makes time to address the legal merits of the arguments that a special election is required. Seemingly adopting OLC's arguments, the three-judge panel found that "it appears that the [the Genesee County Board of Commissioners] must call a special election to fill that vacancy."

I am extremely pleased that the Michigan Court of Appeals adopted our legal arguments and provided an immediate halt against the Genesee County Board's repeated refusal to comply with Michigan law. My client and I welcome the chance to finally have our day in local court to compel the required special election.
Attorney Philip L. Ellison