Demolition of Phoenix Center in Pontiac put on hold by court order

By DUSTIN BLITCHOK Of The Oakland Press

Oakland County Circuit Judge Michael Warren has granted a preliminary injunction halting the demolition of Pontiacs Phoenix Center and said the case would be expedited.

The key issue before the court today is whether the Constitution matters. It does. This factor favors the plaintiffs, said a passage in Warrens order, released Friday.

Attorney Steven Sallen reacted: This decision was not only a good result for our clients, who seek to protect their property rights, but a victory for the Constitution and the preservation and protection of citizens fundamental rights.

Sallen is an attorney at Maddin, Hauser, Wartell, Roth & Heller P.C., the Southfield firm representing the two Ottawa Towers office buildings, which are adjacent to the Phoenix Center.

This is the first recorded case in which an emergency manager has been enjoined or prevented by a court from taking his desired action, he said.

Emergency Financial Manager Lou Schimmels demolition plans for the parking garage and amphitheater are the subject of a lawsuit filed Nov. 2 in Oakland County Circuit Court by the Ottawa Towers.

Ultimately, we would like it to be a permanent injunction, Sallen said.

For the time being, this injunction at least allows us to have our day in court without the threat of being damaged irreversibly.

The suit seeks $9 million in damages if the Phoenix Center is demolished.

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Demolition of Phoenix Center in Pontiac put on hold by court order