A lawsuit filed against the city of East Lansing accusing the city council of violating a law that mandates all governing bodies hold open meetings has been thrown out by Judge Clinton Canady of Ingham County’s 30th Circuit Court.
The lawsuit — filed by East Lansing resident Phil Bellfy and his attorney, Jeffrey Hank — said the city council violated the Open Meetings Act, or OMA, and made a secret decision not to investigate Bellfy’s claims of misconduct by the city attorney’s office.
East Lansing Assistant City Attorney Tom Yeadon said the decision to throw out the case reflects the city’s opinion.
“We had said all along that it was a frivolous lawsuit, and it was intended to harass city officials,” he said.
The city council recently discussed a possible conflict of interest with the lawsuit, as East Lansing City Attorney Dennis McGinty also was listed as a defendant in the case.
In an email, Bellfy said he and Hank also were sanctioned by the court and fined $1,000 each for a personal letter Bellfy sent to McGinty.
Bellfy said the letter stated he would go to the FBI and the IRS and ask them to “back off” their investigation of tax fraud claims he made against McGinty if the attorney announced his retirement.
McGinty confirmed he received the letter and said it was used as evidence of an attempt to harass city officials.
Bellfy said he plans to appeal the sanctions.
“I would like to stress that this whole episode has had a very chilling effect on the public’s right to know as guaranteed by both the OMA and (the Freedom of Information Act),” he said in the email.
beau hayhoe
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