Order to have Kevyn Orr, 2 loan board members to testify in lawsuit reversed

Published On: May 14 2013 12:06:53 PM EDT

Gov. Rick Snyder announced Kevyn Orr as his top candidate for the emergency financial manager position in Detroit on March 14, 2013. A state board approved the recommendation soon after.

The Michigan Court of Appeals has ruled Detroit Emergency Manager Kevyn Orr two members of Michigan's Emergency Financial Assistance Loan Board do not have to testify in an Open Meetings Act lawsuit.

The lawsuit, filed by Detroit activist Robert Davis,  claims the interview process for the EM position was done behind closed doors, violating the Michigan Open Meeting Act.

In a ruling released Tuesday, the Michigan Court of Appeals reversed a previous ruling by Ingham County Judge William Collette which required their testimony.

The Court of Appeals ruling stated: "High-ranking public officials may not be compelled to provide deposition testimony unless or until a preliminary showing is made that the deposition is necessary to obtain relevant information that cannot be obtained from any other discovery source or mechanism, i.e., that such a deposition is essential to prevent prejudice or injustice."

Read more:Michigan Court of Appeals overturns deposition ruling

Davis had also wanted depositions for Gov. Rick Snyder and Michigan Treasurer Andy Dillon, but Judge Collette hasn't granted them. 

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