Detroit officials fight to block arena lawsuit withdrawal, say they want to be sued, dammit

The tale of the Detroit city clerk candidate and former school board member who sued the city over spending money on a new Red Wings and Pistons arena without a public vote and then asked for the case to be dismissed when threatened with financial sanctions has gotten even weirder, with the city of Detroit now demanding that the federal judge in the case allow them to continue to be sued:

Calling it a “cynical attempt” to put the project at risk, the defendants argue in a Wednesday filing in U.S. District Court that the plaintiffs haven’t met the standard for a voluntary dismissal and the request should not be granted.

[D. Etta Wilcoxon and Robert Davis] filed a motion Saturday to drop the suit without prejudice. Davis said the plaintiffs instead were focused on a separate case they filed against Detroit’s school district and its board that he said will ultimately decide whether voters should have a say in the bonds being used for modifications to the arena.

But any litigation, no matter how frivolous, threatens to interfere with the timely funding of the project and creates the “very real possibility” that the Pistons could cancel their planned move from Auburn Hills to Detroit, attorneys for the defendants argued in a court filing Wednesday.

The excuse here is an upcoming NBA owners meeting next Tuesday at which the Pistons‘ move to the new downtown arena is expected to be on the agenda; not having the lawsuits resolved by then would create “havoc,” say the city’s lawyers. Instead of having the suit withdrawn, they want it dismissed — which presumably wouldn’t stop Wilcoxon and Davis from proceeding with their separate suit against the school board, but maybe the NBA doesn’t care so much about that. Or maybe the city lawyers just want to retain the option of financial sanctions against the plaintiffs, to scare them out of suing at all? Let’s not worry about that right now, and just enjoy the spectacle of a city insisting on its right to be sued, because that doesn’t happen every week.


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