Court of Appeals judges ponder decision about Roosevelt

DETROIT/KEEGO HARBOR — Legal arguments to save the former Roosevelt Elementary School in Keego Harbor from being demolished were heard by Michigan Court of Appeals judges at a hearing in Detroit Feb. 5.

In one corner was the appellant, the Heart of the Lakes Community, a nonprofit, grassroots organization that wants to preserve Roosevelt Elementary. The nonprofit was represented by attorney Derek Howard of the law firm Doerr MacWilliams Howard, PLLC.

In the other corner was the appellee, the West Bloomfield School District, which was represented by attorney Lindsay Hazen of the law firm Giarmarco, Mullins & Horton, P.C.

The West Bloomfield School District Board of Education previously recommended demolishing the Roosevelt building, which is more than 100 years old.

Judges Adrienne N. Young, Kristina Robinson Garrett and Randy J. Wallace listened to arguments from both sides.

Howard made arguments in support of continuing a stay to prevent the demolition of the building.

From the perspective of the HOTLC, Roosevelt is a historic building.

However, Hazen shared a different perspective.

“The former site of Roosevelt is a building that is not a historical building by any recognized designation,” Hazen said.

Howard’s arguments against the district included an alleged violation of an Open Meetings Act, promising but failing to revisit the issue of demolishing the building and being amiss with an asbestos abatement bid for Roosevelt.

According to Howard, although there were five recommendations that were made for Roosevelt, only one was considered.

“Knock down Roosevelt. That was the only recommendation,” Howard said in court. “Demolition was the only option considered publicly, even though there were five others that were considered non-publicly.”

In regard to what those other recommendations were, Howard said,  “We still, to this day, have no idea.”

Because the West Bloomfield School District did not open a meeting to public scrutiny and discussed the five recommendations privately, the district was in violation of the Open Meetings Act at a Board of Education meeting last March, according to Howard.

He made the argument that because the West Bloomfield School District has an “ongoing pattern” of violating the Open Meetings Act, “We deserve a preliminary injunction and an order stating, ‘Stop doing that and redo everything.’”

Redoing everything could entail redoing the process of awarding an asbestos abatement contract, publicly discussing all of the recommendations for Roosevelt in an open meeting, and having another Board of Education vote on whether or not to demolish the site.

“There’s asbestos in that building,” Howard said. “It is shockingly low, the bid that was selected. There is a lot more asbestos than that bid accounts for.”

It was previously reported that Board of Education members voted to award asbestos abatement work to Environmental Maintenance Engineers for $93,000.

The concern of those who represent the HOTLC is that if there is more asbestos than has been accounted for, there could be a health risk to nearby residents of Roosevelt if the building is demolished.

“These are the folks that have to live in that community, have to breathe that air, have to drink that water from that lake from across the street,” Howard said. “They want to know things are done right and the West Bloomfield School District didn’t do that. They weren’t transparent.”

Hazen asserted that accepting the bid shows fiscal responsibility.

According to a construction manager in the field, the bids were viable, Hazen said. “Pursuant to the law, they recommend the lowest, most responsible bidder (to West Bloomfield Board of Education members) because fiscally it makes sense to go with the most cost-effective option. And that is what happened here.”

Howard asserted the West Bloomfield School District repeatedly reassured the public that the issue would be revisited.

According to Howard, at a Board of Education meeting in 2023, the public was “promised it wasn’t final.”

Hazen sees things differently.

“The Board of Education’s decision to demolish the former site of Roosevelt Elementary cannot be undone,” Hazen said.

She argued that the time to have challenged that decision has already passed. According to Hazen, the decision was made Sept. 18, 2023, and according to the statute of limitations, a decision has to be challenged within 60 days of minutes from a meeting being published.

“There is no jurisdiction to invalidate that decision,” Hazen said. “Even if there is an Open Meetings Act violation found, at best the appellant could perhaps get fees and costs.”

In the courtroom, multiple HOTLC members donned “Roosevelt For Everybody” shirts.

Keego Harbor resident David Emerling is one of the HOTLC’s supporters.

“The entire character over the course of Keego Harbor’s existence has been anchored by the gorgeous school, Roosevelt,” Emerling said. “You take that down for no apparent reason (and) it strips the whole identity of Keego Harbor.”

Hazen shared her request with the judges.

“We would ask this court to affirm the trial court’s ruling, denying appellant’s motion for preliminary injunction and dissolving the temporary restraining order,” she said.

After Howard’s final words, Young said, “The case will be submitted.”

Young then informed the courtroom that the judges will deliberate and once a decision is made, the attorneys will be notified immediately via email and it will be posted online.