By Alethia Kasben
Gongwer News Service
The Michigan Court of Claims on Tuesday granted a preliminary injunction to the Mackinac Center for Public Policy in a lawsuit challenging the validity of two state enhancement grants that argued lawmakers needed to pass the funds with a two-thirds majority because they serve a local purpose.
Judge Michael Gadola in Mackinac Center for Public Policy?v. Department of Labor and Economic Opportunity (Docket No. 25-000082) blocked further spending of $1.5 million for Jimmy John's Field, a minor league baseball stadium in Utica, and $1 million for Jackson Field, a minor league baseball stadium in Lansing.
The lawsuit targeted the grants that were included in the fiscal year 2024-25 fiscal year budget as unconstitutional. The Mackinac Center argued the two specific grants in the lawsuit and others were unconstitutional because they require a two-thirds vote of the Legislature to pass.
“Grants of public money for local purposes are constitutional only if two-thirds of the members in each House of the Legislature vote in favor of the expenditure,” Gadola ruled.
“Because the grants in question did not receive a two-thirds vote in either House, a likelihood exists that plaintiff can establish that the two grants were unconstitutional.”
It was not immediately clear how sweeping the ruling might be. Gadola pointed out in his ruling the Michigan Supreme Court has never clarified what “local” means in the constitutional language requiring two-thirds majorities in both legislative houses to appropriate money for local or private purposes.
The Legislature approved billions in grants this decade that could come under scrutiny.
Sen. Sarah Anthony, D-Lansing, and Rep. Ann Bollin, R-Brighton, chairs of the Senate and House Appropriations committees, respectively, did not return requests for comment.
Gadola, in his ruling Tuesday, wrote both the Jackson Field and the Jimmy John’s Field serve a local purpose and not a statewide public purpose.
“While the People argue that Jackson Field hosts various conferences, festivals, concerts and ballgames, there is no dispute that Jackson Field is the home of the Lansing Lugnuts and is used primarily for their home baseball games,” he wrote. “The idea that fans from other areas of the state or Midwest may come to Jackson Field on occasion does not change the fact that the grant to the ballpark will primarily benefit Lansing and Ingham County. Even the People recognize that Jackson Field has a key local role in ‘revitalizing Lansing’s downtown’ area.”
He wrote the same is true for Jimmy John’s Field in Utica.
“While the People point out that Jimmy John’s Field has other amenities, such as a whiffleball field, a playground, and a picnic area, it is illogical to conclude that individuals from across the State would travel to Jimmy John’s Field for those common amenities, which they can likely find locally,” he wrote.
Gadola in the ruling says the Mackinac Center is likely to prevail that the two grants serve a local purpose and needed a two-thirds vote from the Legislature to pass. It is not the final ruling in the case.
“This ruling is a major victory for Michigan taxpayers and the rule of law,” Patrick Wright, vice president for legal affairs at the Mackinac Center Legal Foundation, said in a statement. “The Michigan Constitution is clear: Lawmakers cannot funnel taxpayer dollars to favored projects and private interests without meeting the constitutional supermajority requirement. The court’s decision prevents additional unconstitutional spending while this case proceeds.”
Gongwer News Service
The Michigan Court of Claims on Tuesday granted a preliminary injunction to the Mackinac Center for Public Policy in a lawsuit challenging the validity of two state enhancement grants that argued lawmakers needed to pass the funds with a two-thirds majority because they serve a local purpose.
Judge Michael Gadola in Mackinac Center for Public Policy?v. Department of Labor and Economic Opportunity (Docket No. 25-000082) blocked further spending of $1.5 million for Jimmy John's Field, a minor league baseball stadium in Utica, and $1 million for Jackson Field, a minor league baseball stadium in Lansing.
The lawsuit targeted the grants that were included in the fiscal year 2024-25 fiscal year budget as unconstitutional. The Mackinac Center argued the two specific grants in the lawsuit and others were unconstitutional because they require a two-thirds vote of the Legislature to pass.
“Grants of public money for local purposes are constitutional only if two-thirds of the members in each House of the Legislature vote in favor of the expenditure,” Gadola ruled.
“Because the grants in question did not receive a two-thirds vote in either House, a likelihood exists that plaintiff can establish that the two grants were unconstitutional.”
It was not immediately clear how sweeping the ruling might be. Gadola pointed out in his ruling the Michigan Supreme Court has never clarified what “local” means in the constitutional language requiring two-thirds majorities in both legislative houses to appropriate money for local or private purposes.
The Legislature approved billions in grants this decade that could come under scrutiny.
Sen. Sarah Anthony, D-Lansing, and Rep. Ann Bollin, R-Brighton, chairs of the Senate and House Appropriations committees, respectively, did not return requests for comment.
Gadola, in his ruling Tuesday, wrote both the Jackson Field and the Jimmy John’s Field serve a local purpose and not a statewide public purpose.
“While the People argue that Jackson Field hosts various conferences, festivals, concerts and ballgames, there is no dispute that Jackson Field is the home of the Lansing Lugnuts and is used primarily for their home baseball games,” he wrote. “The idea that fans from other areas of the state or Midwest may come to Jackson Field on occasion does not change the fact that the grant to the ballpark will primarily benefit Lansing and Ingham County. Even the People recognize that Jackson Field has a key local role in ‘revitalizing Lansing’s downtown’ area.”
He wrote the same is true for Jimmy John’s Field in Utica.
“While the People point out that Jimmy John’s Field has other amenities, such as a whiffleball field, a playground, and a picnic area, it is illogical to conclude that individuals from across the State would travel to Jimmy John’s Field for those common amenities, which they can likely find locally,” he wrote.
Gadola in the ruling says the Mackinac Center is likely to prevail that the two grants serve a local purpose and needed a two-thirds vote from the Legislature to pass. It is not the final ruling in the case.
“This ruling is a major victory for Michigan taxpayers and the rule of law,” Patrick Wright, vice president for legal affairs at the Mackinac Center Legal Foundation, said in a statement. “The Michigan Constitution is clear: Lawmakers cannot funnel taxpayer dollars to favored projects and private interests without meeting the constitutional supermajority requirement. The court’s decision prevents additional unconstitutional spending while this case proceeds.”
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