A judge is expected to rule in writing on a challenge seeking to keep a Menominee ballot proposal from going before voters.

Menominee’s Not for Sale is asking Menominee County Circuit Court Judge Mary Barglind to issue a writ of mandamus directing election officials to reject petitions submitted by the Yes Menominee ballot committee.

Attorney Kevin Blaire argued the petitions failed to strictly comply with Michigan election law for 15 separate reasons, ranging from wording and formatting to the placement of required warnings.
Attorney Jennifer Green, representing interests connected to the Yes Menominee committee, joined the hearing after it was already underway. Green said the committee had not received proper notice of the case.
Barglind gave Green until four o’clock Friday afternoon to file a written response.

Barglind also dismissed the lawsuit’s injunction and declaratory-judgment counts at the plaintiff’s request, leaving the mandamus claim for her decision.

The judge has not yet ruled on whether the proposal will remain on the ballot. Election officials told the court ballots have already been printed, with a Saturday deadline approaching for ballots sent to military and overseas voters.

The ballot initiative would ask voters to amend the City Ordinance to allow no more than thirteen marijuana retail establishments in the city. Twice last year voters strongly approved an ordinance change to put a limit on dispensaries at nine.

Currently, there are eight licensed dispensaries with several additional parties seeking the one license remaining under the current limit.

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