AndyS' Lawsuit Against the City of Ludington, a Comprehensive Review

[XLFD]

I promised a thorough review of the lawsuit Andrew Riemer has with the City of Ludington so here it is without further ado.  Note that this is one side's version of events without an answer from the other side, but it paints a very ugly picture of what happened up to this point as far as the actions of the city and its agents is concerned.  This case is reminiscent of the Jack Byers lawsuit of 2007 in that it indicates impropriety by the highest city officials as regards the construction of a building, but it appears that this case may develop into something much worse and more costly than the quarter of a million that case cost the taxpayers.

                          ASR REAL ESTATE, LLC V. CITY OF LUDINGTON, 2025 

On p.1 of the complaint, we find that Stephen R. Estey of the Farmington Hills law firm of Zausmer PC is representing the limited liability company ASR Real Estate, LLC in their suit versus the City of Ludington (COL) in case 25-290-CZ.  The first sentences of the introduction summarize the issue:

Page 2 develops this further, indicating former city manager, Mitch Foster, had a full buy-in with the idea of what AndyS offered in 2021.  Four years later, the COL pulled a bait and switch according to the suit, AndyS played by the rules and followed the site plan approvals, but new city leaders would not even give them a meeting to discuss any issues, which to them were columns that were too close to the curb.

These city leaders would even hire an outside counsel to consider this one issue [EDITOR:  Illegally, the hiring was never approved by the city council, never even discussed in standing committees] we read in p. 3, and would not allow the columns to be where they were for what was at first an unknown reason, which turned out later to be plans for an ill-conceived $300,000 cost bike lane on one side of South Rath [EDITOR:  a lane never discussed at council or standing committee] to be paid for by ASR in order to have the column issue forgiven.  In conclusion of their introduction:

Pages 4, 5, and 6 describe the factual background of the construction process and how it fit in with the approved site plan.  On page 7, we learn the construction costs were over $8.6 million, and find that the city forced ASR to construct the curb closer to the columns than was approved [EDITOR:  this contradicts statements by City Manager Kaitlyn Aldrich], this led to the city claiming the curb was closer to the columns than what was planned.  

On page 8, ASR alleges that the column controversy and the stop work order (SWO, a pretext to the city's agenda) was created in order to facilitate the creation of an optional protected bike lane to be funded by ASR, in order for them to operate their business.  They point to the ridiculous assertion by the city manager that the current column placement would have as regards snowplows.  

Page 9 offers an independent traffic engineer's report that shows the curb could be moved 22" from the column and conform to legal requirements for road width, then claims that the Stop Work Order is costing ASR $90,000 for each month that it remains on.  It begins listing the counts in their claim with Count 1 for declaratory relief, to show that the original site plan approved by the city was valid throughout and the SWO was improper.

On page 10, the complaint calls for 'equitable estoppel' of the SWO as count 2, effectively dismissing the SWO's enforceability.  Page 11 introduces count 3 about the temporary taking made by the COL through the SWO, which according to the earlier reckoning is $90K for each month it remains in effect.  Page 12 offers count 4, a request for a writ of mandamus to rescind the SWO and allow for the business to continue and open in accordance with the site plan.

Counts 5 and 6 are due process denial claims, as one might expect due to a punishment (the SWO) being issued without objective standards of law and no reasonable avenue of appeal is most of what is in p. 13, the city has a habit of denying folks and businesses due process rights for some reason, even when most courts find such conduct unconstitutional and deplorable.  Page 14 contains count 7 which asks for injunctive relief, effectively asking the court to immediately enjoin the SWO and allow ASR to proceed as if it didn't exist throughout the course of litigation.

Finally, page 15 concludes the complaint, asking the court for relief mostly contained within the counts: 

Three of the exhibits are worth looking at, the site plan drawing approved and the bike lane estimate of over $300,000, are informative, but a letter drafted by Building Inspector Shawn Reed on the same day as they went into an illegal closed session is quite telling of what they may have discussed that night with their illicitly-hired attorney from Mika Meyers.  

Under apparent direction of outside legal counsel, Reed states (page 1 and 2) that site plan approval has been revoked and a SWO has been issued.  Reed quotes from the Ludington Uniform Development Ordinance (LUDO) passed in 2024 as it applies to an agreement it made back in 2021, when the LUDO wasn't even being considered as new law.  As such, Reed was using an ex post facto law to level legal discipline onto ASR for what was apparently deemed lawful by the COL back in 2021.  Governments invoking ex post facto laws as punishment on others is unconstitutional.

The lawsuit seems pretty sound on most matters, and it remains to be seen whether Mika Meyers will continue to be unlawfully retained by the COL to defend their bad advisement as reported in the lawsuit, or whether they will use the risk management attorneys meant for such legal matters.  

New City Manager Kaitlyn "PrevariKaitlyn" Aldrich has a lot to answer for in regard to her attempted extortion and capricious actions, magnified by a growing list of lies that she has told the public in her freshman term of office, and growing list of powers that are not affirmed by the city charter.   Such actions can only happen when the rest of our elected city leaders allow it.  They have up to now, and we are paying for their lack of oversight of this bad choice they made to manage the city.

[Freedom Seeker]

Thanks X for this summary. My thoughts/comments are out there as far as the pillars and overhang because I haven't been paying detailed attention but consider these things: $90k a month, profit? $3k a day after wages and supplies are paid. Good business. What are they selling? Is that even possible in Ludington at the height of crowds on 4th of July? If selling food, that's making $10 a plate on 300 customer a day, as an example, day after day in the dreary winter. Sounds a big stretch. Or is there a lot of rent included there? Idk, just seems a hopeful stretch. Over $1M profit a year will pay off the construction in 8 years. Reimer must be doing a lot of cataract surgeries to invest so much in so many (3?) new ventures in such a short time is what comes to my mind.

To a main point of the lawsuit:
sounds to me like Mitch Foster may have expedited (or encouraged?) an illegal grandfather of non-conforming pillars on a busy corner out of favoritism or hope to bring building money and taxes to COL. Personally feel this should have not happened.

I Agree with your analysis, X, of new manager Aldrich making a bigger mess out of the situation. It's all an interesting Ludington soap opera mess that will keep one waiting for the next episode that doesn't look profitable for one or both parties, unfortunately in a time of increasing economic inflation and tariffs. If one has lived long enough in west Michigan resort towns, one would be aware that a falling economy can take a bad hit on the tourists towns.

[XLFD]

Great to hear from you again, it's been a long time; I hope it doesn't take a lawsuit against the city to awaken you in the future (but there are more coming).  

The $90K/mo. profit does seem to be an optimistic figure, especially for the 8 months that are hard to thrive on for many local restaurants/bars, but in their favor, the other side cannot point to their past receipts in their defense of claiming it's an exaggeration.  My guess is that it's the common lawyer trick of overestimating an unknown monetary amount in order to get the court to eventually grant them a larger amount in a compromise.

Mitch Foster.  What can I say other than I think he came here with a good heart, but the area's existing corruption and certain people (some overtly, most covertly) wound up corrupting him over the years, preying on his weaknesses and desire for growth.  I consider his time as Ludington's COO as a modern-day reenactment of Goethe's Faust.  That's why I sometimes call him Mitch Faustus, because I think his story parallels that of Dr. Faustus.  In the story, Faust is promised unlimited knowledge and worldly pleasures, which the devil Mephistopheles helps him experience in exchange for his soul. The pact leads Faust to tragic and destructive events, and yet the story concludes with Faust's soul being redeemed and ascending to heaven.  In his case, WSCC was heaven, as he went there and is assuredly enjoying his time there without having to make too many dark bargains.

Aldrich, in my honest opinion, has a smaller height to fall from and I believe she was picked because Mayor Barnett and others felt they could not only control her better than Foster, but also have her do things which Foster would never consider doing because he had a modicum of law and ethics.  

[Freedom Seeker]

Mitch Faustus! Great comparison, X and thanks for the reminder of the story. I always enjoy reading your articles (even if i don't often have time to comment as much) and seeing justice when it happens in the saga of government and corruption.

[dowland]

Finally, some 1 that will dig for the truth.  Thank you  X

[Rick]

I’ve said all along that Mrs. Aldrich was the “choice” because key players on the council saw her as somebody that could be manipulated to carry out the agenda of the Mayor and City Council! Now that the lawsuit has been filed, I think that she will carry the blame and, very possibly, pay the ultimate price for carrying out the behind the scenes agenda of those who she reports to! It will be interesting to see how this all plays out!

[dowland]

I am trying to figure out how come the city couldn't be more helpful when they are loosing foot traffic to the big corporate stores and restaurants east of town in PM? The city had William str made 1 way for House of Flavors and how about the Plaza on James street they shut down to make. Andy wants what 10 or 12 inches? The city had no problem using tax payer money to help build and still to this day subsidized rent for low income rentals. WE pay for that! Andy isn't asking for any hand outs. The city always saying the need MORE money to operated.  Can you image the tax base that will bring in and foot traffic for Ludington ?

[dowland]

I do stand corrected. Because of X great reporting we have a good break down  on what's going on. Andy  didn't do anything wrong or need 12 inches because he put the post back in the same place and his contractor's followed the  prints that they city approved from the engineering and architect prints.