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All Eyes On Eagle
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RONALD H.
BERGMAN, M.D.
Lawsuit is filed over the way school
was sold to Islamic Cultural Association.
ANTHONY C
PORRETTA, M.D.
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GARY D. BERGMAN, M.D.
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August 11 6 2011
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The empty Eagle School has turned into a source of controversy.
CONTINUED FROM PAGE 1
Eagle was not for sale — and later
that the board had voted to demolish
the building, along with four others in
the district.
The suit claims, in paragraph 24,
that "the Board's approval of the
Purchase Agreement was done with-
out an approved method and proce-
dure for marketing Eagle Elementary,
without an open and public process,
without obtaining competitive bids
for Eagle Elementary, without analyz-
ing the community impacts of the
sale of Eagle Elementary and without
any due diligence, method or proce-
dure at all."
Attorney Robert Davis of Davis,
Listman and Brennan of Mt.
Clemens, who filed the lawsuit, con-
firmed that one outcome could be
the enforcement of what the filing
called a "binding vote" to demolish
the building.
"If they are able to get by that
issue, then we want to see them
implement a process whereby the
sale follows some procedure Davis
said. The ICA would then be able to
bid again, along with anyone else
who chooses to do so. "We don't want
more secret negotiations. The process
should be public."
The school district released a state-
ment by David Ruhland, assistant
superintendent of administrative sup-
port services, which states, in part:
"While the matter has been referred to
legal counsel for handling, the District
is confident that all of the appropriate
steps were taken in the handling of the
offer to purchase. More importantly,
the handling of the offer of purchase
was done in a manner that honored
the fiduciary duties of the board and
kept the interests of the school district
and the community at the forefront.
It is unfortunate that the sale is being
challenged, but the Board believes that
the legal process will support the deci-
sion to sell!'
According to Sara Roediger,
senior planner for West Bloomfield
Township, where the property in
question is located, a "get-to-know-
you meeting" was held with ICA
board members in early July, but
nothing has been formally submitted
to the township to start the process.
According to the purchase agreement,
the ICA has 120 days to finalize the
sale, during which it would likely
want approval of its architectural
and other plans by the township's
planning commission and board of
trustees to ensure it could use the
property as it would like.
The district did not confirm its
understanding of when the 120-day
period began, but considering the
vote was taken early morning June
15, it would likely end no later than
Oct. 12, unless an extension were
granted.
Roediger said time could be a
problem, "depending on how com-
plete the plans are and how many
sets of revisions are needed!'
"In the absolutely best-case sce-
nario, with everything going perfect:'
she said it could be approved by late
October or early November. To meet
this time frame, notice of a public
hearing before the planning commis-
sion would have to be given by Aug.
24 for a Sept. 13 hearing. Delays could
put the time frame "between late
October and next spring',' she said. 1J