Michaud V Menominee M23-17544-CZ TRO To Enforce Prior Preliminary Injunction

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STATE OF MICHIGAN IN THE 41st CIRCUIT COURT FOR THE COUNTY OF MENOMINEE ADAM MICHAUD, et al, Plaintiffs, vs. CITY OF MENOMINEE, a Michigan municipal corporation, Defendants. Case No. 23-17544-CZ Hon. Mary B. Barglind Eric E. Doster (P41782) Doster Law Offices, PLLC Attomey for Adam Michaud and Committee 2145 Commons Parkway Okemos, Michigan 48863 etic@eriedoster.com Michael A. Cox (P43039) Jason M, Schneider (P79296) ‘The Mike Cox Law Firm, PLLC Attomey for RIZE 17430 Laurel Park Drive North, Suite 120E Livonia, Michigan 48152 ‘me@mikecoxlaw.com jschneider@mikecoxlaw.com Tames A. Martone (P77601) Dickinson Wright PLLC Attorneys for Plaintiff The Fire Station 2600 W. Big Beaver Rd., Ste. 300 Troy, Michigan 48084 (248) 433-7200 jmartone@dickinsonwright.com John R. Turner (P38563) John R. Turner PLC Attorney for RIZE 321 E, Lake St., PO Box 2396 Petoskey, Michigan 49770 (231) 348-4500 jrllaw@umich.edu TEMPORARY RESTRAINING ORDER TO. iRORCE PRIOR PRELIMINARY INJUNCTION Ata session of said Court in the City of Menominee, County of Menominee, State of Michigan, on [[-3- 23 Present: Hon. Mary B. Barglind Circuit Court Judge ‘This matter is before the Court on the November 2, 2023 Ex Parte Motion for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Be Issued; or Alternatively, to Enforce the Court’s 10/17/2020 Supplemental Order Granting Preliminary Injunction that was filed by Plaintifis Adam Michaud, Committee to Stop Unlimited Marijuana Shops, First Property Holdings, LLC d/b/a RIZE and The Fire Station, LLC. On September 26, 2023, the Court made the following findings with respect to Plaintiffs’ prior request for injunctive relief in this matter: (1) that the Defendant City, acting through its City Council, likely committed violations of the Michigan Open Meetings Act (“OMA”); (2) that Plaintiffs stand to suffer irreparable harm in the absence of injunctive relief; (3) that injunctive relief would not cause damage to the City; and (4) that the public interest weighs in favor of an injunction. Based on these findings, the Court entered a Preliminary Injunetion in Plaintiffs’ favor on September 26, 2023, which it supplemented with further clarification as to its scope on October 17, 2023. The Court now finds, in accordance with the facts and evidence contained in Plaintiffs’ present motion, that Defendant City has failed to comply with the terms of the Court’s Preliminary Injunction and that, pursuant to its inherent authority to enforce its orders, the Court must make additional supplemental rulings to ensure that the City complies with its prior orders. Ex parte relief is appropriate under the circumstances because the Court can only preserve the status quo and ensure Plaintiffs do not suffer further irreparable harm by taking immediate action to ensure that the City complies with the Court’s prior rulings in this matter. Based on these findings, the Court orders as follows: IT IS HEREBY ORDERED that Plaintiffs’ 11/02/2023 Ex Parte Motion for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Be Issued; Or Alternatively, to Enforce the Court’s 10/17/2020 Supplemental Order Granting Preliminary Injunction is GRANTED. IT IS FURTHER ORDERED that Defendant City of Menominee must immediately take action to ensure that the Menominee locations of the following adult-use cannabis retailers are closed to the public: Lume Cannabis Co., Higher Love, Inc., and Nirvana Center Menominee. IT IS FURTHER ORDERED that this Order shall remain in full force and effect for 14 days, unless the Court specifically orders otherwise. IT IS FURTHER ORDERED that the City shall appear on November 15, 2023 at 9:30am Central Time, or as soon after as the City may appear, and show cause why a supplemental preliminary injunction should not be issued according to the terms set forth above. This is not a final order and does not close this case. Ditot: ((-3-23 4:3 7pm CST (ony Qa hid Circuit Court Judge

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