Perfecting Church files countersuit against Detroit, alleges violation of Freedom of Information Act
(CBS DETROIT) - The City of Detroit is firing back after a local church is countersuing, alleging a violation of the Freedom of Information Act.
The city says it's the church that's withholding information about its incomplete construction at 7 Mile and Woodward.
CBS News Detroit's Lauren Winfrey sat down with Conrad Mallett, a former Chief Justice of the Michigan Supreme Court who currently serves as Corporation Counsel for the City of Detroit.
At its core, this case is about a church that started construction on a project nearly 20 years ago and failed to complete it. So, the city has stepped in demanding the church prove the building is in good condition and complete the project, or forfeit ownership.
"What we don't know is what we don't know, and what we're asking for is information," Mallett said.
Mallett says the city consistently asked Bishop Marvin Winans and Perfecting Church for a building status report on the incomplete cathedral at 7 Mile and Woodward.
"We kept getting pleasant conversation. We were not getting the physical documentation that we were asking for," Mallett said.
Last month, the city slapped the church with a lawsuit but only after a letter detailing demands was sent on January 6. At the top of the list was a request for a building status report due February 13.
"Within the context of the letter, we said, in the absence of on-time delivery, a lawsuit would be filed," Mallett said.
When the church didn't meet the deadline, the city kept its word. Now, the church is countersuing, alleging the city violated the Freedom of Information Act by withholding information an attorney representing the church says would prove Perfecting Church was taking steps to restart construction. Mallett says this will drag legal proceedings out more.
"What we hope is, that the church is using this time to be able to come into court with the documentation that we've asked for," he said. "Thus, proving to the judge that there is no reason to be concerned," he continued.
Mallett considers this the best-case scenario and says if this were to happen, he'd like to see the church complete the construction project too. Not only does the church own the partially constructed building, but it also owns 28 properties surrounding it.
"There are still kids going to Noble Elementary School. They [have to] walk through that neighborhood. That neighborhood is blighted," he said.
And because the project has sat incomplete for so long, Mallett says it was a concern for those living in the area that forced the city to step in.
"This is really untenable, and we really have run out of patience," Mallett said.
Mallett says he wants to make something very clear, this isn't a "land grab" by the city. If the church were to lose ownership of the property, the city has asked for the receiver to sell the land and return proceeds to the church. The goal then would be for the property to go into the hands of a private developer.
