Hope Lutheran Church v. St. Ignace, City of ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN HOPE LUTHERAN CHURCH, anot for ) profit ecclesiastical corporation, ) ) ) No. 2:18-cv—00155 Plaintiff, ) v. ) Honorable Paul L. Maloney ) CITY OF ST. IGNACE, a Michigan ) municipal corporation, ) FINAL CONSENT DECREE ) AND ORDER OF DISMISSAL Defendant. ) FINAL CONSENT DECREE AND ORDER OF DISMISSAL The parties hereby stipulate and agree that this case has been settled and that all issues and controversies have been resolved to their mutual satisfaction and that this matter be dismissed with prejudice except as necessary to enforce the terms of this consent decree. The parties request the Court to retain jurisdiction to enforce the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 381-82 (1994). IT IS HEREBY ORDERED: 1. Plainitff, Hope Lutheran Church, has the right to use its property located at 132 S. State Street (the Property) as a church as a permitted use. 2. As long as the Property is used as a “church” as defined under MCL 438.1107, no objection shall be filed or made against any existing or future land use that is lawful and permissible in the General Business District (GBD) including, but not limited to, an application for a license to sell alcoholic beverages pursuant to the Michigan Liquor Control Code. 3535794 3. Accopy of this Final Consent Decree and Order of Dismissal shall be recorded with the Mackinac County Register of Deeds and is intended to run with the land and is binding upon future Property owners who intend to continue its use as a church. 4. By consent of the parties, the Court shall retain jurisdiction for the limited purpose of enforcing the terms of this Final Consent Decree. 5. Except as necessary to enforce the terms of this consent decree, this case is hereby dismissed with prejudice. Each party shall bear its own attorney’s fees and costs. Date: September 27, 2019 _/si Paull. Maloney UNITED STATES DISTRICT JUDGE AGREED TOBY: /s/ Noel W. Sterett Noel W. Sterett DALTON & TOMICH, PLC Attorneys for Plaintiff 719 Griswold Street, Suite 270 Detroit, MI 48226 (313) 859-6000 nsterett@daltontomich.com /s/ Haider A, Kazim Haider A. Kazim CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C. Attorneys for Defendant 310 W. Front Street, Suite 221 Traverse City, MI 49684-2279 (231) 922-1888 hkazim@cmda-law.com 00985761-12