Ludington considers its options in OMA suit

November 13, 2012

LUDINGTON — Ludington’s city council met in closed session Monday night to discuss a lawsuit from resident Tom Rotta. Rotta’s lawsuit alleges the city violated the Michigan Open Meetings Act (see previous stories).
According to, Ludington city attorney Richard M. Wilson Jr. said he met with the council to discuss trial or settlement strategies in response to Rotta’s lawsuit filed in 51st Circuit Court last week.
Rotta claims the city violated the OMA by making a $95,000 sewer repair decision by proxy via email, rather than during an open meeting as required by law.
The OMA specifically states that government boards are not allowed to vote by proxy and must make all decisions during an open meeting.
Wilson told Mlive he sent a confidential letter to the council Monday discussing possible strategies in response to the lawsuit. He declined to discuss publicly the city’s views of the merits or lack of merits of Rotta’s claim.

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