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Court of Appeals upholds Romeo District Library’s right to control its budget

BY LARRY SOBCZAK
EDITOR

The Michigan Court of Appeals has upheld a February 2015 decision by Macomb County Circuit Court Judge Richard Caretti that the Romeo District Library has exclusive control over its budget.

The lawsuit was initiated on July 1, 2014 by the Charter Township of Washington against the library, stating the library board has a clear legal duty to submit its proposed budget for approval to the Washington Township Board of Trustees. The library contended its board has exclusive authority to establish its budget.

Caretti’s order disposed the case and reaffirmed the library board’s authority over their budget and orders the township to continue to collect and distribute millage dollars that supports the library’s budget as well.

Court of Appeals judges Mark T. Boonstra , Patrick M. Meter and Jane M. Beckering issued their finding May 19 that upheld the lower court’s decision.

After the lawsuit was filed, Washington Township had initially threatened to withhold tax money it collected for the library district but never followed through with the threat.

In a counter-lawsuit, the district library had asked the Circuit Court for a writ of mandamus which would have compelled the township to turn over the tax money.

Carretti granted the writ of mandamus but the Court of Appeals overturned the writ because the township had never withheld any tax money due to the library.

The Romeo District Library consists of Washington Township, Bruce Township and the Village of Romeo.

It is governed by a six member board of trustees with each community appointing two members to the board.

The library district operates the Graubner Library on Van Dyke in Washington Township and the Kezar Library on North Main Street in Romeo.

The Romeo District Library was founded in 1969 and was revised in 1989 to comply with changes in the state’s district library laws.

The Kezar Library has served the public since 1911 and the Graubner Library has served the public since 2000.

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