Judge halts lawsuit seeking to block land swap deal to build Wayne Co. jail

A lawsuit seeking to block a land swap deal needed to build a $520.3-million criminal justice complex north of downtown Detroit was denied Tuesday morning by a Wayne County Circuit Court judge.

Nicholas Miller, who lives within three blocks of the proposed site, filed the lawsuit last week in Wayne County Circuit Court against the city, Detroit Mayor Mike Duggan, the Detroit City Council and Council President Brenda Jones. A hearing was held before Judge David Groner.

"I think the judge was fair," Miller said after the decision. "He gave me a lot of latitude to make my claims and I appreciate that. Ultimately, I think even if it's a legal decision, it doesn't feel ethical. Even if the county and city have the legal right to make these choices it doesn't feel like they should make these choices."

Miller alleged in the lawsuit that the city should not be allowed to circumvent its own zoning ordinance.

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In the complaint obtained by the Free Press, Miller alleged that "multiple city officials have recognized that the county will not have to submit to city ordinances regarding the land use, traffic impact studies, site plan review or historic preservation that would otherwise be required" in similar projects.

The two-count lawsuit alleged negligence and a violation of due process.

In the suit, Miller argued that the land in question, 1301 E. Warren, is currently zoned as M4 under the city's zoning ordinance, which Miller says does not allow for office use or institution living use, such as jails or other correctional facilities.

Miller argued that the zoning code only permits institutional living within "PD" districts or "B6" districts, which he says in both cases would require a public hearing.

Miller said he was disappointed in the decision.

"I would hesitate greatly to invest again in this city," Miller said. "I have to get approval to move a shrub in my yard living in a historic district and the city can facilitate a deal to build a jail on the street. I don't feel respected."

Contact Katrease Stafford: kstafford@freepress.com or 313-223-4759.