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Mon February 6, 2012
Appeals court says Moroun's jailing o.k. in dispute over Ambassador Bridge
A three judge panel from the Michigan Court of Appeals has ruled that Wayne County Circuit Court Judge Prentis Edwards used his power appropriately when he jailed billionaire Ambassador Bridge owner Manuel "Matty" Moroun and his top company official, Detroit International Bridge Company President Dan Stamper, on January 12, 2012.
However, the court did say Judge Edwards didn't make the conditions of their release clear enough.
Lawyers representing Moroun and Stamper argued that their imprisonment was an improper use of the civil contempt of court power and "was invalid as a matter of law."
From the opinion of the Michigan Court of Appeals:
We disagree with appellants to the extent that they argue that incarceration was an improper use of the trial court’s civil contempt power; however, we agree with appellants that the trial court erred in requiring their continued incarceration until DIBC “fully complied with” the February 1, 2010, order...
Confinement or imprisonment may be imposed whether the contempt is civil or criminal in nature. Borden v Borden, 67 Mich App 45, 48; 239 NW2d 757 (1976). In the civil context, the confinement must be conditional.
Moroun and Stamper were freed on appeal by the Michigan Court of Appeals on January 13 after spending the night in a county jail.
Now, after this Appeals Court ruling, the two top Ambassador Bridge officials will return to Wayne County Circuit Court this week.
And they’ll do so facing the possibility they could go back to jail if Judge Edwards crafts a new civil contempt of court order.
The whole issue stems from a dispute over the Gateway Project, a joint construction project between the DIBC and the Michigan Department of Transportation. The project was meant to build ramps that would better connect the Ambassador Bridge to surrounding highways, and keep truck traffic off residential streets.
The Appeals Court ruled that Edwards was within his rights when he ordered the two to jail. But they maintain Prentis's order that the two remain incarcerated until the Gateway Project is "complete"--something that will likely take months--was too vague.
The Appeals Court judges said Edwards would have to provide specifics on how Moroun and Stamper can remove the civil contempt of court ruling.
A Michigan Department of Transportation spokesman says the agency is pleased with the ruling, and is “eager” to see the more specific conditions the Judge lays out.
The Detroit International Bridge Company released a statement that was silent on most of the ruling, but noted the DIBC is "pleased with the recognition by the MI Court of Appeals today that the Ambassador Bridge Gateway Project must be finished." It went on to say:
"Given the events since the Court of Appeals accepted the appeal from Judge Edward’s order, MDOT announced its intent to begin completion of MDOT’s unfinished ramp. It is very clear that MDOT has held up construction, not DIBC...No one wants the Gateway completed more than us."
But a report from a court-appointed monitor who studied the Gateway dispute agrees largely with MDOT's position that the DIBC has held up the project.
A hearing before Judge Edwards is set for Thursday.