Hosley v City of South Haven
A prime example of transparency and advocacy
Do you want someone who is diligent and will ask the hard questions to discuss concerns of residents? If so, please read further about why I filed the suit. I’m putting the end first: a Stipulated Judgment just entered October 4, 2023, and I have prevailed with regard to much of the information not produced. There are some outstanding matters, and I’m hopeful this will be closed by year’s end. If it is not, and I am elected, I would recuse myself from any discussions; there would be no conflict.
After reading this, if you have any questions, please contact me directly, because what you read on FB or hear from others has failed to be transparent.
The circuit court case file is online and provides information of what has been filed (documents are not available online). Here is the link: Van Buren County Case No. 2022-0000071941-CZ. I alleged violations of the Freedom of Information Act (FOIA). I am considered the prevailing Party on resolved matters to date with the Stipulated Judgment entered October 4, 2023.
The one page I've seen posted on FB is outdated. The only defendant is the City. The case is no secret; I've openly discussed it. It's also been before City Council regarding settlement, as provided in minutes on the City's website: Minutes of the May 1, 2023 City Council Meeting-see page 7. The City is allowed under FOIA law to charge fees for time spent to comply with the FOIA request. I paid all required fees. As for litigation costs and settlement, my case is no different than other legal cases against the City, like the two property cases over the last few years. The City’s insurance pays for the City’s legal fees, and any settlement should also be paid under the terms of the City’s insurance policy. My FOIA case should not be a cost to the taxpayers. Any City Council person (past or present) should know that fact, especially if they had to vote on settlement.
FOIA is all about transparency. FOIA is how a citizen can get access to information that only the government holds so the citizen can review material that was not otherwise shared. The main topic of the information in my FOIA requests was related to the Overton Site Development project. I worked with a few residents to ensure completeness. I am the only plaintiff because I am the only one who filed the FOIA requests. This was the most efficient way.
I wish the case could have been avoided. Unfortunately, documents were never produced, and legal action appeared to be the only option to get resolution for outstanding matters concerning a project of great concern on the Overton Site that is a contaminated brownfield site. I did not make this decision lightly. I tried to avoid it, but I was compelled to file the legal action because of the 6-month statutory deadline by which to file a legal case under FOIA.
We have lost a few years since development on the Overton Site was first initiated. Our environmental concern was validated when Michigan State Housing Development Authority (MSHDA) rejected the developer's one and only timely October 2022 application, stating: "Environmental: The project received a Conditional No Go for Environmental." MSHDA’s rejection letter mentioned other issues specific for that project, but not pertinent for this discussion. On October 9, 2023, an updated environmental assessment for the Overton Site was an agenda item before the City’s Brownfield Redevelopment Authority (BRA), for which I’m the Vice Chair. 10/9/2023 BRA Agenda Packet Linked Here.
I and many others are looking forward to updated environmental information to drive decisions on the Overton Site. We want to avoid what happened just west of the Overton Site where the gym and pool had to be removed, and, nothing has been constructed there. In fact, remediation is ongoing as of 2025. It is not complete.
We are at a critical point in our City. I will lead with integrity, impartiality, and transparency. The legal action I took is the best example. This matter is now final. I have had legal fees and expenses reimbursed as allowed under the law. This is not a windfall. This reimbursed me for expenses I incurred to get what the City was required to produce. Regardless, I have donated more than those fees back to the community through donations to local nonprofit groups, like We Care.