STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND

CITY OF SOUTHFIELD,
Plaintiff,
Case No. 2016Hon.

JORDAN DEVELOPMENT COMPANY, L.L.C.,

a limited liability company, and

WORD OF FAITH CHRISTIAN CENTER CHURCH,
a non-profit corporation,
Defendants,
-and-

MICHIGAN DEPARTMENT OF ENVIRONMENTAL

QUALITY, an agency of the State of Michigan,

Defendant-Appellee.
CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C.
By:
RONALD G. ACHO (P-23913)
ELIZABETH RAE-O'DONNELL (P 41529)
GREGORY A. ROBERTS (P-33984)
33900 Schoolcraft Road

Livonia, MI 48150-1392

(734) 261-2400
racho @ cmda-law.com
erae@cmda-law.com

groberts@cmda-law.com
Attorneys for Plaintiff
CITY OF SOUTHFIELD

By:
SUSAN P. WARD-WITOWSKI (P-31057)
City Attorney
26000 Evergreen Road
P.O. Box 2055

Southfield Michigan, 48037-2055

(248) 796-5775

sward@cityofsouthfleld.com
Attorneys for Plaintiff
PLAINTIFF CITY OF SOUTHFIELD'S EX-PARTE
MOTION FOR TEMPORARY RESTRAINING ORDER

AA

CITY OF SOUTHFIELD REQUEST FOR EX-PARTE

TEMPORARY RESTRAINING ORDER

THE CITY OF SOUTHFIELD HAS A WOODLAND

ORDINANCE THAT RESTRICTS THE CUTTING OF
TREES.

DEFENDANTS ARE PLANNING TO CUT DOWN AN

ACRE AND A HALF OF TREES THAT ARE BETWEEN
100 AND 150 YEARS OLD.

WITHOUT A TEMPORARY RESTRAINING ORDER,

THE DEFENDNTS ARE GOING TO BEGIN CUTTING

THE TREES DOWN THIS SUNDAY, MARCH 13th

THE CITY HAS A MORATORIUM ON OIL AND GAS

DRILLING,

YET

THE

DEFENDANTS

WANT

TO

BEGIN DRILLING FOR OIL.

THE PERMIT THE DEQ ISSUED DEFENDANTS WAS

INPROVIDENTALY GRANTED.

YET, EVEN THAT

PERMIT REQUIRES THE DEFENDANTS TO COMPLY

WITH THE CITY OF SOUTHFIELD'S ORDINANCES
AND DEFENDANTS REFUSE.
IRRERARABLE HARM WILL OCCUR IF THIS EXPARTE TRO IS NOT GRANTED.

NOW COMES the Plaintiff, CITY OF SOUTHFIELD, (hereinafter "City") by and

through its attorneys, CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C., by RONALD

G. ACHO and GREGORY A. ROBERTS, and for its Ex-Parte Motion for Temporary
Restraining Order, states onto this Honorable Court as follows:

1.

Simultaneously with the filing of this Ex-Parte Motion, the City has filed its

Verified Complaint and Claim of Appeal and Motion for a Stay and/or Preliminary Injunction.
Said Verified Complaint and Motion for injunctive relief are hereby incorporated by reference.
2.

On March 8, 2016, the Michigan Department of Environmental Quality issued

Permit No. 61170 which allows for the drilling and operation of an oil well on the Word of Faith
property in the City of Southfield, Michigan. (See Complaint, Exhibit 12: Permit).

3.

The Plaintiff is suffering and will continue to suffer irreparable harm and injury

which cannot be fully compensated at law. If the Ex-Parte Restraining Order is not granted, the
City of Southfield and its residents will suffer 24 hours a day nuisance odors, nuisance noise, air
and water pollution and the loss of, or harm to, one or more threatened and endangered species.
(Exhibit A: Verified Complaint, Exhibit 15: Affidavit of Expert Witness, Christopher P.
Grobbel).

5.

Plaintiff is bringing this Motion pursuant to MCR 3.310(B)(1) and (2). As recited

in the Verified Complaint and Claim of Appeal and Motion for a Stay and/or Preliminary
Injunction, which are incorporated by reference hereto, Plaintiff has stated law, grounds and
facts indicating a substantial likelihood they will prevail on the merits.
6.

Plaintiff has no remedy at law that can ameliorate, mitigate or compensate the

City for the ongoing tangible and intangible losses that will continue to accrue in the event

Defendants are not enjoined from this conduct.

7.

Plaintiff has contacted the attorney for Defendants Michael A. Cox, and has sent

to Attorney Cox by email, the Verified Complaint and Claim of Appeal, Motion for Ex-Parte

Temporary Restraining Order, and Motion for a Stay and/or Preliminary Injunction, supporting
Brief. Additional steps will be taken to ensure service on the other Defendant.

WHEREFORE, Plaintiff, CITY OF SOUTHFIELD, requests this Honorable Court grant

an Ex-Parte Temporary Restraining Order as follows:

(1)

That an Ex-Parte Temporary Restraining Order be issued, staying the effect of MDEQ

Permit No. 61170 until such time as the Court can hear Plaintiffs Motion for a Stay and/or
Preliminary Injunction;
(2)

That an Ex-Parte Temporary Restraining Order be issued, and that Defendants Jordan

Development Company and Word of Faith Christian Church be restrained from taking any action
on the permit until such time as this Court has rendered a decision on the evidence that the
MDEQ's process was proper, fair and just; that the Permit should have issued; and

(3)

That an Ex-Parte Temporary Restraining Order be issued, and that Defendants Jordan

Development Company and Word of Faith Christian Church be restrained from taking any action
on the permit until such time as this Court has rendered a decision on the evidence that the

proposed work is subject to fair and reasonable controls that will avoid or mitigate the
environmental and public health threats posed and that the anticipated nuisance will be mitigated
to the extent reasonably practicable.

Respectfully submitted,
/s/ Ronald G. Acho

Date: March 11,2016

Ronald G. Acho (P-23913)

CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C.
Attorney for Plaintiff
33900 Schoolcraft Road
Livonia, MI 48150
(734) 261-2400
racho @ cmda-law.com

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND

CITY OF SOUTHFIELD,
Plaintiff,
Case No. 2016Hon.

JORDAN DEVELOPMENT COMPANY, L.L.C.,

a limited liability company, and

WORD OF FAITH CHRISTIAN CENTER CHURCH,
a non-profit corporation,
Defendants.
-and-

MICHIGAN DEPARTMENT OF ENVIRONMENTAL

QUALITY, an agency of the State of Michigan,

Defendant-Appellee.

CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C.

By:

RONALD G. ACHO (P-23913)

ELIZABETH RAE-O'DONNELL (P 41529)
GREGORY A. ROBERTS (P-33984)

33900 Schoolcraft Road

Livonia, MI 48150-1392
(734) 261-2400
racho@cmda-law.com
erae@cmda-law.com

groberts @cmda-law.com
Attorneys for Plaintiff
CITY OF SOUTHFIELD

By:
SUSAN P. WARD-WITOWSKI (P-31057)
City Attorney
26000 Evergreen Road
P.O. Box 2055

Southfield Michigan, 48037-2055

(248) 796-5775
sward@cityofsouthfield.com
Attorneys for Plaintiff

AA

PLAINTIFF CITY OF SOUTHFIELD'S BRIEF IN SUPPORT OF

ITS EX-PARTE MOTION FOR TEMPORARY RESTRAINING ORDER

NOW COMES the Plaintiff, CITY OF SOUTHFIELD, (hereinafter "City") by and

through its attorneys, CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C, by RONALD

G. ACHO and GREGORY A. ROBERTS, and for its Brief in Support of its Ex-Parte Motion
for Temporary Restraining Order, states onto this Honorable Court as follows:

In support of this Motion, Plaintiff relies upon MCR 3.310(B)(1) and (2). Plaintiff further

relies upon its Verified Complaint and Claim of Appeal and Motion for a Stay and/or
Preliminary Injunction, which have been filed simultaneously with the instant Motion. Said
Verified Complaint and Motion for injunctive relief are hereby incorporated by reference
WHEREFORE, Plaintiff, CITY OF SOUTHFIELD, requests this Honorable Court grant
an Ex-Parte Temporary Restraining Order as follows:
(1)

That an Ex-Parte Temporary Restraining Order be issued, staying the effect of MDEQ

Permit No. 61170 until such time as the Court can hear Plaintiffs Motion for a Stay
and/or Preliminary Injunction;
(2)

That an Ex-Parte Temporary Restraining Order be issued, and that Defendants Jordan
Development Company and Word of Faith Christian Church be restrained from taking
any action on the permit until such time as this Court has rendered a decision on the

evidence that the MDEQ's process was proper, fair and just; that the Permit should have
issued; and

(3)

That an Ex-Parte Temporary Restraining Order be issued, and that Defendants Jordan
Development Company and Word of Faith Christian Church be restrained from taking
any action on the permit until such time as this Court has rendered a decision on the

evidence that the proposed work is subject to fair and reasonable controls that will avoid

or mitigate the environmental and public health threats posed and that the anticipated
nuisance will be mitigated to the extent reasonably practicable.

Respectfully submitted,
/s/ Ronald G. Acho

Date: March 11, 2016

Ronald G. Acho (P-23913)

CUMMINGS, MCCLOREY, DAVIS & ACHO, P.L.C.
Attorney for Plaintiff
33900 Schoolcraft Road
Livonia, MI 48150
(734)261-2400
racho@cmda-law.com