Decision Pending in DIA Lawsuit Filed by Clinton Twp. Resident, Others in Macomb Co.

A Clinton Township man is among five Macomb County residents currently awaiting the ruling of a Macomb County Circuit judge who will determine whether the group's lawsuit against the Detroit Institute of Arts is valid.

Filed by Simon Haddad of Clinton Township, Leon Drolet of Macomb Township, Judy and Dennis Buchholtz of Warren, and Philis DeSaele of Sterling Heights in December 2012, the lawsuit claims that the museum violated its contract with the Macomb County Arts Authority by denying the “unlimited, free admission” promised to residents whose counties passed the August millage.

In the lawsuit, the plaintiffs, known collectively as the Michigan Taxpayers Alliance, claim to have been denied free admission to the DIA's recent Faberge exhibit. By charging for special exhibits, the lawsuit argues the DIA has breached its contract with Macomb County and violated the Michigan Consumer Protection Act.

However, as the contract is between the arts authority and the DIA, Judge John Foster said he must consider whether the Michigan Taxpayers Alliance has the legal right to even make a breach of contract claim, according to The Macomb Daily.

Foster heard arguments from attorneys on both sides Monday, but had not set a date to hand down his ruling as of 5 p.m. Tuesday, according to court documents.

The DIA millage passed 7,529 to 6,558 among Clinton Township voters, and by just .5 percent of the vote across the county.

At 0.2 mills, the 10-year, tri-county millage is expected to raise $230 million for the DIA, without which museum officials have said they would have to reduce staff, shorten hours and eventually close.