January 9, 2018 | The Michigan Court of Appeals heard arguments Tuesday from attorneys representing Gov. Rick Snyder, two former Flint emergency managers and other officials who believe they shouldn’t be held civilly liable in the Flint water crisis.
The state is asking the court to completely dismiss the class-action lawsuit filed in the state Court of Claims in January 2016 by Melissa and Michael Mays, Jacqueline and John Pemberton, Elnora Carthan and Rhonda Kelso on the behalf of thousands of Flint residents claiming damages as a result of the water crisis.
“I think that’s a fair bet,” said attorney Julie Hurwitz, who is representing Flint residents, when asked if she expected the case to end up before the state Supreme Court.
Court of Claims Judge Mark T. Boonstra in October 2016 ruled that two counts alleged in the class-action lawsuit — one of numerous civil lawsuits pending in state and federal courts — could proceed.
The judge dismissed a third claim of state-created danger by Flint and state officials.
Portions of the class-action lawsuit that Boonstra allowed to proceed include allegations that Snyder and others violated the state constitutional right to bodily integrity through lies and cover-ups harming the health of citizens, and that homeowners suffered financial losses due to diminished property values for which they weren’t compensated.
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