Injunction lifted on downtown street closure
Posted on 05/22/2024
People dining in the street in previous years. Photo by DDA.Judge Charlene Elder, of the Third Circuit Court of Michigan, on May 21 granted the city’s motion for reconsideration of the preliminary injunction that prevented sections of Main and Center streets from being closed to vehicles seasonally, except for special events. As soon as the court enters the order granting the motion for reconsideration and lifting the injunction, the city may take measures to close those streets to vehicles.

“We’re happy to receive this good news,” said City Manager George Lahanas. “Downtown Northville with its pedestrian plaza has become a very popular destination for residents and visitors.”

He added, “We will continue to vigorously oppose the lawsuit that prompted the initial injunction. Our legal counsel informed us that cities in Michigan have broad authority to manage streets based on the Michigan Constitution and Home Rule Cities Act.”

Judge Elder advised that when making the original ruling, she made conclusions on the element of irreparable harm. On reconsideration, she found that the affidavits by the plaintiff’s members (Engerer, Good, Corriveau, Demray) had not substantiated their claims of losses and especially that their businesses were in danger of closing due to the street closures. She further reasoned that, even if there is economic loss as a result of the street closures, those losses would be compensable as damages, so there is a remedy for the alleged harm and it does not constitute irreparable harm.

updated 5/22/24