Rodgers still will oversee Meijer lawsuit

FROM STAFF AND WIRE REPORTS

December 14, 2008 12:00 am

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BEULAH -- A Benzie County judge has ruled another judge may continue overseeing a dispute between Acme Township officials and retail giant Meijer Inc.

Benzie County Circuit Judge James Batzer ruled Friday that Circuit Judge Philip Rodgers could be impartial despite accusing an attorney for Meijer of lying.

The dispute involves the Grand Rapids retailer's plan to build a superstore in the township, which has divided residents.

The hearing lasted about two hours, with an hour for arguments and a roughly 45-minute opinion from Batzer, said Michael Dettmer, who represents Acme Township Planning Commissioner Robert Carstens.

Batzer said Rodgers had publicly apologized for his statement and "he saw no reason that there would be any basis for disqualifying him," Dettmer said.

"I certainly agree," he added. "Though Judge Rodgers had some candid opinions, they were opinions that were garnered in the judicial process."

Acme officials agreed last year to release Meijer from future litigation over alleged harassment and intimidation. That was before Meijer acknowledged violating state campaign laws through its involvement in two local elections dealing with its development plans.

The Michigan Supreme Court in October allowed officials to sue Meijer.

Roger Wotila, who represents former Meijer legal firm Dickinson Wright PLLC, said the case will proceed.

"Judge Batzer's opinion speaks for itself," he said.

A motion to add other Acme Township officials to the suit is pending, Dettmer said. No date has been scheduled.

The Associated Press contributed to this report.