Acme Township may finally get its day in court -- and some justice along the way.
On Friday, a three-judge panel of the state Court of Appeals opened the way for possible criminal prosecution of alleged felony violations by Meijer, Inc., in two township elections.
There's a long way to go. But at long last, Acme residents may finally find out who was behind Meijer's acknowledged efforts (for which they have already paid millions in related civil suits) to influence a failed recall election and a moratorium on big-box stores -- all in a dispute over a planned superstore there.
They want to know who at Meijer was calling the shots, who decided to instigate the recall, who decided to intervene in the moratorium vote, who decided to spend tens of thousands of dollars to intimidate local officials by filing civil suits against them, who decided to help fund and organize a pro-Meijer opposition group.
In short, they want to know who helped start and pay for the five-year civil war that has divided this community.
In January of 2008 Grand Traverse County Prosecutor Alan Schneider had asked the state police to investigate possible felonies after details of Meijer's secret role in the 2007 recall campaign came to light during a civil lawsuit by then-township Treasurer Bill Boltres.
In April of that year, 13th Circuit Court Judge Philip Rodgers quashed Schneider's subpoenas for documents and testimony from Meijer officials and their former attorneys at Dickinson Wright PLLC. A frustrated Rodgers said the secretary of state had sole authority to investigate and resolve campaign finance violations; he said he hoped to be overturned.
Secretary of State Terri Lynn Land had assessed Meijer $190,000 in fines and costs after an in-house Meijer "investigation;" within 24 hours, Attorney General Mike Cox -- who is running for governor as the tough-on-crime candidate -- said Land's agreement with Meijer prevented a criminal investigation and walked away.
The Appeals Court strongly disagreed. In a unanimous ruling, Judge Elizabeth L. Gleicher said the Legislature's "plain legislative intent" was to create two enforcement methods -- civil for the secretary of state, and criminal for the state attorney general and county prosecutors.
She wrote " ... we reject that this statutory language bars the prosecutor from investigating felony charges."
Meijer now has about 40 days to decide on an appeal.
From the start, Schneider has contended that as prosecutor, he has the right to pursue suspected criminal wrongdoing, whatever other elected officials say or do. Unless the state Supreme Court reverses the Appeals panel, he'll get his chance to do just that.
This is about justice and, at its root, the democratic process itself. Meijer, by its own admission, tried to usurp a legally-elected local government when it couldn't get what it wanted through normal means. That's beyond unacceptable.
The record is clear: This appears to be criminal behavior; if so, someone must answer for it; hopefully, Schneider will make that happen.
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