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Caro City Council authorizes litigation strategy in POET Biorefining tax dispute
Summary
Caro City entered a closed session Sept. 3 under MCL 15.268(1)(e) to consult with counsel on POET Biorefining Caro, LLC v. City of Caro (Tax Tribunal Docket No. 23-001803) and, following the closed session, authorized the proposed litigation strategy by unanimous roll call.
The Caro City Council voted to enter a closed session on Sept. 3 to consult with the city attorney regarding trial or settlement strategy in pending litigation: POET Biorefining Caro, LLC v. City of Caro, Michigan Tax Tribunal Docket No. 23-001803.
By motion 24-M-211 the council invoked MCL 15.268 Sec. 8(1)(e) "to consult with the City Attorney regarding trial or settlement strategy in connection with pending litigation in POET Biorefining Caro, LLC v City of Caro, Michigan Tax Tribunal Docket No. 23-001803, for the reason that an open meeting would have a detrimental financial effect on the litigating or settlement position of the City." The motion carried on a roll-call vote (Hutchison — yes; Iseler — yes; Kish — yes; Oedy — yes; White — yes; Campbell — yes; Mayor Snider — yes). The council entered closed session at 7:00 p.m. and exited at 7:17 p.m.
After consulting with counsel, the council (motion 24-M-212) approved the proposed litigation strategy as presented and authorized counsel to proceed. The minutes record the roll-call for that motion as unanimous (Iseler — yes; Kish — yes; Oedy — yes; White — yes; Campbell — yes; Hutchison — yes; Mayor Snider — yes).
The minutes specify the statutory basis for the closed session (MCL 15.268 Sec. 8(1)(e)) and identify the case by Tax Tribunal docket number. No further details of the litigation strategy are recorded in the minutes.
