By Brian C. Louwers
C & G Staff Writer

WARREN – The city’s opposition to the existence of a charter school near 13 Mile and Ryan appears to have met its legal end, barring an appeal to the U.S. Supreme Court.

On Sept. 11, the Michigan Supreme Court issued an order denying the city’s application for leave to appeal following earlier rulings by the state Court of Appeals and a Macomb County judge in response to the development of Conner Creek Academy East, now officially Michigan Collegiate High School and Middle School.

The dispute began in 2007 when the city, under former Mayor Mark Steenbergh, challenged the development on grounds ranging from the site’s size to potential traffic problems in the area. The city called on state Superintendent of Schools Michael Flanagan to withhold building permits for the site based on the list of concerns that included the size of the school complex as it related to the 19-acre, L-shaped parcel on the northeast corner of the intersection.

Flanagan’s office later granted conditional approval of the site plan, contingent upon the submission of a revised plan reflecting agreements said to have been reached between the city and the school in October 2007.

A series of legal filings followed, both on the part of attorneys representing the city and the school, as the school sought approval of building permits necessary to begin construction ahead of a scheduled fall 2008 opening, and the city, unsatisfied that their respective concerns had been met, continued to press its case.

In November 2007, Macomb County Circuit Court Judge David Viviano ordered building permits issued for the facility through the Bureau of Construction Codes, operating under the state’s Department of Labor and Economic Growth.

Viviano again ruled in favor of the school in January 2008 and construction at the site continued.

The city filed a series of requests for reconsideration and appeals but the school opened as scheduled last fall and continues to operate at the site with approximately 325 high school students and 150 middle school students, the school’s Superintendent Chuck Meredith said on Sept. 14.

“We’re happy that it’s finally over and that we can move on, and do what we wanted to do in the first place, which is to educate kids,” Meredith said.

Attorney Bob Davis, who represented the school in the case, added, “We view this as a confirmation that Conner Creek followed all of the appropriate rules, from the beginning of the project through its conclusion. They have rejected Warren’s substantive arguments, as well as their procedural arguments.”

Warren Mayor Jim Fouts said he was “very disappointed” to learn of the Michigan Supreme Court’s order, and he questioned their decision to “disregard all the hard work and effort, and good logic” that went into the city’s legal challenge of the development.

He also questioned the practice of empowering state-level officials to approve elements of charter school facilities operating locally.

“It’s just outrageous,” said Fouts, who added that he would press his case with state officials and request an audience with Michigan Gov. Jennifer Granholm about the matter. “It’s just gotten to the point now where the state has taken over home rule. Home rule is a facade.”

You can reach Staff Writer Brian C. Louwers at brianlouwers@candgnews.com or at (586) 498-1089.