Expedited decisions sought on election-related appeals

WARREN — Parties in two separate lawsuits over term limits with implications for Warren’s city elections this year have sought expedited decisions from the Michigan Court of Appeals following lower court rulings last month.

The Warren City Council is appealing Macomb County Circuit Court Judge Joseph Toia’s opinion and order of March 23 to allow Mayor James Fouts to run for a fifth term.

Term limits were first enacted by Warren voters in 1998 and were set at three four-year terms, or 12 years, for all city elected officials. In 2016, the voters approved extending term limits for Warren mayors only to a maximum of five four-year terms. In 2020, that change was reversed when a majority voted to reset mayoral term limits to the original three four-year terms.

Toia’s opinion was based on the most recent ballot’s omission of language stating previous terms are included in determining term limits. This language did not appear on the ballot in the area where the voters checked yes or no.

Attorney Jeffrey Schroder of the Plunkett Cooney law firm in Bloomfield Hills, representing the City Council, filed an appeal on March 28.

“On April 6, the Court of Appeals granted the City Council’s motion for an expedited appeal and required all legal briefs to be filed by April 14, 2023, at 4:00 p.m.,” said Schroder.  “There will be no oral argument and the case will be decided on the legal briefs submitted by the parties. This case has been submitted to a three-judge panel on the Court of Appeals for a decision. The council asked for an expedited decision on or before the candidate filing deadline which is April 25, 2023.”

Schroder added, “We expect a decision from the Court of Appeals sometime in the near future.”

In another election-related case involving the Warren City Council where time is of the essence, Gary Boike has appealed a judge’s decision to let Council President Patrick Green serve out the remainder of his term of office despite a question over term limits.

In Gary Boike v. Patrick Green, Macomb County Circuit Court Judge Julie Gatti ordered in her opinion of March 28 that Green was within term limits and could continue his service on the council. Boike contends Green has now exceeded his allowed time in office under term limits and seeks the remaining tenure of that council seat. This is of concern to Boike because he was the third-highest vote-getter in the at-large City Council race in the previous election.  According to the Warren city charter, this means if either of the two at-large seats are vacated more than 40 days prior to a regular election, Boike would fill the seat.

“Gary Boike is also seeking an expedited review by the Court of Appeals,” said Lawrence Garcia of Miller Canfield law firm in Detroit, Boike’s attorney. This request was made on April 19.

The next general election is Nov. 7.

The roots of Boike’s challenge stretch back to 2016, when Green was elected to the Michigan House of Representatives after serving two complete four-year terms and one partial term of a little more than one year on the City Council. Green returned to the council in 2019, winning the election with the most at-large votes, which made him the city’s mayor pro tem. Councilwoman Angela Rogensues finished second and was elected to the other at-large seat followed by Boike (23.5%) and Diane Young (22.9%).

At issue is Green’s partial term of more than a year, and if because of that he now exceeds the term limits outlined in the Warren City charter.