Willie,
Here is a little something that may interest you and XD. The underhanded tactics of big wind and how the FOIA is only used against the little people that may not have the money to research their interests. We paid our money but the games continue. As our billboards say...ENJOY THE VIEW-IT COULD BE YOUR LAST CHANCE.
FOR IMMEDIATE RELEASE
August 2, 2011
For more information contact:
Jesse Williams
Jesse L. Williams, PLLC
jlwdefense@gmail.com
231-944-4911
Arcadia Wind Study Group Seeks Judicial Review of Central Michigan University’s Three-Month Failure to Comply with Michigan’s Freedom of Information Act
BENZIE AND MANISTEE, MICHIGAN, August 2, 2011 – Today the Arcadia Wind Study Group announced it is seeking judicial review of Central Michigan University’s failure to comply with Michigan’s Freedom of Information law in the 19th Judicial Circuit in Manistee. The dispute stems from a request filed by the AWSG on May 5th for information relating to a public opinion survey conducted by CMU on behalf of Duke Energy back in March and April. The mail and telephone survey sought the opinions of property owners in portions of Benzie and Manistee Counties who would be affected by Duke’s proposal to install 112 industrial wind turbines, each of which would be over 500 feet tall, throughout the region.
In May, in response to AWSG’s request, CMU indicated that it had already gathered 1,552 pages of responsive materials and estimated that it would take university employees a total of 35.5 hours to comply with its obligations under the law. CMU also alleged the authority to withhold other public documents in its possession. In the twelve weeks since receiving AWSG’s request, the University has only turned over 157 of the 1,552 pages of documents it had collected and identified as responsive as of May 27th.
Also in May, CMU also requested a “good faith deposit” of $616.79, or half of its estimated costs to process the request. In response, the AWSG provided $1,233.59 – the full amount – in order to prevent further delay on the part of CMU.
“We really hoped we could have avoided going through the courts,” said Doug Carter, President of the Arcadia Wind Study Group, “but frankly, after three months of delay, our good faith and patience has been exhausted. CMU received our request on May 5th and the Freedom of Information Act requires public bodies to respond to requests like ours within 15 business days – that was May 27th. We understand that people are busy, but at some point the convenience of CMU and the desire of the nation’s largest utility company to shield its activities from the light of day must give way to the public’s and the taxpayers’ right to know.”
The request for judicial review filed yesterday evening asserts two separate violations of the Freedom of Information Act. First, it alleges that CMU has arbitrarily and capriciously violated the law by failing to disclose at least 1,395 pages of uncontested material related to the AWSG’s request which CMU had identified and gathered by May 27th.
Second, the request alleges further violation of the Freedom of Information Act through CMU’s refusal to disclose the final report and a number of other documents related to the study, that are clearly public documents as defined by the law.
“The law is very clear on the responsibilities of public bodies and provides an avenue for judicial review when documents are withheld,” said Jesse Williams, the attorney representing the AWSG in this matter. “I am hopeful that we will be able to engage in negotiations with CMU in order to bring a fair and quick resolution to this matter.”
The Arcadia Wind Study Group is a Michigan nonprofit corporation formed to research and inform the public and policy makers regarding environmental, land use, local economic and other public policy issues in Manistee and Benzie Counties. Its members include hundreds of citizens, property owners and others who share a lifelong connection to the unique and pristine region of Northwestern Michigan.
The action is pending as case number 11-14283-CZ in the 19th Judicial Circuit in Manistee.
More information regarding the Arcadia Wind Study Group and the action commenced yesterday evening is available online at www.arcadiawindstudygroup.org. A complete copy of the complaint is available at http://awsg.files.wordpress.com/2011/08/awsg_vs_cmu_aug2.pdf.
Further information about this action can be obtained from the attorney representing the AWSG in this matter, Jesse Williams, at 231-944-4911, or jlwdefense@gmail.com.
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