Opinion
Case No: 2:09-CV-14969.
January 21, 2010
TIMOTHY P. MURPHY (P25941), Attorney for Plaintiff, St Clair Shores, Michigan.
ERIC B. GAABO (P39213), Attorney for Defendants, Detroit, MI.
ORDER GRANTING DECLARATORY JUDGMENT
ORDER GRANTING DECLARATORY JUDGMENT
Upon consideration of the First Amended Verified Complaint seeking a Writ of Mandamus, the Exhibits attached to the First Amended Verified Complaint, the Stipulations of Facts submitted jointly by the parties and the arguments of counsel at the hearing on this Court's Order to Show Cause, and the Court being advised in the premises,
The Court finds that the Plaintiff was entitled to the approval of the Detroit City Council and the Chief of Police on its Petition 1313 requesting the transfer of Entertainment and Topless Activity Permits pursuant to MCL § 436.1916(10) and City Council Procedures and Criteria for Michigan Liquor Control Commission Activity Permits, upon the submission of the Petition to City Council on November 20, 2009;
IT IS ORDERED that Plaintiff's Petition 1313 is deemed approved by the Detroit City Council within the meaning of MCL § 436.1916(10)(b) and approved by the Chief of Police within the meaning of MCL § 436.1916(10)(c).
Entry of this Order and the Order Regarding Submission of Approval to Michigan Liquor Control Commission Pursuant to MCL § 436.1916(10) closes this case; the Court retains jurisdiction to enforce this judgment.