County counsel says federal airport suit dismissed; Kubik Aviation case remains active

Michigan Municipal League attorney Matt Cross updated the Marquette County Board of Commissioners on two lawsuits related to airport operations, saying the federal case filed by Mark Hagen has been dismissed while litigation with Kubik Aviation continues.

Cross said the federal judge declined to resolve a state Open Meetings Act claim in federal court and directed that claim to state court, and he described the federal case as effectively concluded at the district level: "So, federal case is done." He also described the Kubik Aviation matter as early in the process, noted a preliminary-injunction hearing had taken place, and said the court entered a declaratory judgment addressing the county's October 27 notice of termination to the FBO agreement.

Cross told commissioners he filed a motion for reconsideration and plans to pursue additional motions, including a possible motion for summary disposition, arguing the county's reenactment of the termination decision strengthens its legal position. He asked commissioners to expect a closed-session follow-up that will cover strategy and privileged material.

The vice chair thanked counsel for the overview and commissioners did not press the attorney for additional substance in open session, instead reserving detailed strategy for a closed session. The board was reminded that other parties, including Mr. Hagen, have taken steps to intervene in or otherwise join aspects of the state-court case.