FLINT, Mich. — A District Court judge has postponed the decision in the Hasselbring Senior Center eviction case.
Judge Jessica Hammon adjourned proceedings until after the next Flint City Council meeting.
“I do believe that the City of Flint prevails on the legal merits of this case as a landlord-tenant… However, I have the ability as a judge to adjourn this matter if I find good cause to do so…The actions of the City Council could very well effect this case,” Hammon said.
She added that if the city council does not approve a lease and the matter remains tabled indefinitely, her next decision most likely will coincide with the statutes and rules of the State of Michigan.
Flint City Attorney Joseph Kuptz argued there is no triable issue under Michigan Court Rules.
However, Harrell D. Millhouse, the attorney representing the Hasselbring Center, cited the council’s decision to table the lease agreement for later discussion and alleged violations of Flint City Charter rules as reasons for contesting the eviction.
“The city wants you to think that there’s no triable fact because they want you to believe that this is your everyday run of the mill landlord-tenant [case] and it’s not,” Hasselbring attorney, Milhouse said. “Because the people who live in that city are tenants, or in this case, they are defendants, [this should be] treated differently because the city has to go through Council…in order to allow for things to proceed.”
Millhouse did not specify which sections of the city charter had been violated but said he would provide documentation.
“You have to go through the city council in order to get anything accomplished…it’s laid out in the charter as to how the city handles its properties because without the checks and balances within the city, a city can run amuck on every nonprofit organization in the city [if] they don’t agree with what the city is doing,” Milhouse said.
Kuptz countered that the lease agreement’s indefinite postponement means it is not scheduled to appear on any future agendas.
“Mr. Milhouse stated at the beginning of his argument that this is not a run of the mill everyday landlord-tenant case. It is. It’s simply a landlord suing to take back possession of a commercial property that it owns,” Kuptz said. “[Hasselbring Senior Center is] the only party on lease. Any mention of residents of the City of Flint — they are not privy to this contract.”
According to the City Clerk, the lease agreement was postponed indefinitely at a Nov. 25, 2024 Special Affairs committee meeting.
The city released the following statement regarding the case Thursday afternoon, “We remain committed to transparency and ensuring that the interests of the Flint community, particularly our senior residents, are upheld throughout this process. We encourage the community to stay engaged and informed, and we will continue to
provide updates as new developments arise.”
The next court date is set for Thursday, Feb. 20, 2025 at 1:30 p.m.