Michigan Attorney General Dana Nessel has expressed approval of recent decisions issued by the Michigan Supreme Court concerning Covid-19 emergency orders and a former Shelby Township clergyman’s conviction.
The Michigan Supreme Court declined to hear appeals in two cases: Gym 24/7 Fitness, LLC v State of Michigan and Mount Clemens Recreational Bowl, Inc v Director of the Department of Health & Human Services. The plaintiffs, businesses affected by the state's Covid-19 orders, argued that these measures constituted a “taking” of their property and sought compensation for lost income. The Court of Appeals previously ruled that the orders were aimed at preventing a significant threat to public health and did not amount to a “taking.” With the Supreme Court's decision not to hear the appeals, the lower court's rulings remain in effect.
“During the height of the COVID-19 pandemic, the State acted decisively to save countless lives by implementing critical public health measures,” Nessel stated. “As we move forward, today’s decisions will help us in our collective efforts to maintain a strong and healthy Michigan.”
In another case, the Michigan Supreme Court denied an appeal from Neil Kalina, 69, a former priest at St. Kiernan Catholic Church in Shelby Township. This decision upholds his two Second-Degree Criminal Sexual Conduct convictions. Kalina served at the church from 1982-1985 and was found guilty by a Macomb County jury of sexually assaulting a 14-year-old child in 1984. He had sought to overturn an opinion from the Michigan Court of Appeals that affirmed his convictions but ordered resentencing.
“I am grateful the Michigan Supreme Court has denied this appeal from Mr. Kalina, ensuring his convictions remain intact,” Nessel commented. “I hope this decision brings much-needed closure to his victim. My office will continue reviewing cases of sexual abuse and pursuing justice for survivors.”