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Jennifer Gratz: End of affirmative action is coming

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Jennifer Gratz, who sued the University of Michigan in 1997 alleging racial discrimination, celebrates last week’s Supreme Court ruling on affirmative action in a Detroit Free Press opinion column.

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Jennifer Gratz

Gratz writes the decision means “race-based policies are already beyond life support” in Michigan.

In issuing their ruling Monday, the Supreme Court justices sent the Texas case back to a lower court for further review. The high court affirmed that universities can use race in the admissions process to attain diversity but said they only can do so after showing that race-neutral measures would not produce the desired educational and social benefits of diversity.

Gratz’s own case was one-half a landmark 2003 Supreme Court ruling. Justices ruled 6-3 in her favor, forcing the University of Michigan to scrap a point-based admissions system that gave an advantage to minorities. But the court also ruled the same day, in the case of Grutter vs. Bollinger, the goal of achieving diversity could justify some use of racial preferences.

In her column, Gratz contends that the University of Michigan has admitted “it can achieve a diverse student body without resorting to race-preference policies and, therefore, cannot meet the strict standards outlined by the court.”


Laptop and cash stolen from ransacked Ann Arbor apartment

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Police are investigating a home invasion that occurred in the 700 block of East Ann Street between 10 a.m. and 10 p.m. Friday.

An unknown suspect or suspects entered the residence by cutting the screen and entering through an open window, Ann Arbor police said in a release.

The apartment was ransacked and a laptop and cash were stolen.

Police continue to investigate. There are no current suspects.


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John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.

First day for new Ypsilanti Community School district: 'Our work really begins now'

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The Ypsilanti Community Schools Board of Education responds with applause to a comment by Superintendent Scott Menzel, far right, at its first official meeting Monday.

Amy Biolchini | AnnArbor.com

At 12:01 a.m. Monday, the Ypsilanti Community Schools district was born.

The district’s seven-member Board of Education met for the first time 8 a.m. Monday the YCS Administration building - formerly the Ypsilanti Public Schools Administration building - at 1885 Packard Road.

A product of two school districts that many believed could have ended up in the hands of a state-appointed emergency manager, the consolidated school district is now what its leaders hope is a fresh start for the community east of Ann Arbor in Washtenaw County.

“This day could have looked really different,” said Trustee Maria Sheler-Edwards. “Instead of a celebration it could have been a lot of tears and packing and questions. … The net outcome is extremely positive for our kids.”

Board members are Sheler-Edwards, Don Garrett, Daniel Raglin, Gregory Myers, Celeste Hawkins, Tony VanDerworp and David Bates.

The board on Monday hired back 294 teachers, counselors, speech and language pathologists, social workers, principals, assistant principals, administrative support staff, paraprofessionals, technology department staff, building secretaries, custodians, maintenance staff and groundskeepers that were recommended for re-hire after a detailed selection process.

In May, the consolidated district announced it would offer 171 jobs back to teachers. According to the staffing plan released Monday, there are 182.15 full-time equivalent general education classroom teachers in the district that will be paid for by non-grant funds.

Overall, 419.75 FTE employees will work for YCS that will be paid for out of the district's general fund. The district will employ additional employees that will be paid for by grants.

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A birthday cake was in order for the first day of the Ypsilanti Community Schools district's existence Monday. The Board of Education sang "Happy Birthday" at the end of its first official meeting.

Amy Biolchini | AnnArbor.com

Though the district will be starting fresh with new names, mascots and leadership, the debt that plagued the two former districts will be carried over for YCS to pay down.

Trustees adopted a $49.31 million operating budget for the 2013-14 academic year that shoulders an $11.2 million deficit from both former school districts. Though revenues are projected at $50.31 million, the surplus will be used to pay off the debt.

The mood at the meeting was celebratory: Balloons, banners and a cake sporting the new district’s colors and logo decorated the room.

Stickers with the YCS logo were also available that many attendees put proudly on their lapels. To begin the meeting, State Rep. David Rutledge, D-Ypsilanti, administered the board members their oath of office.

Immediately afterward, the board elected Bates as its president and Garrett as its vice president.

School board leaders began the process of consolidating the school districts with trepidation and a great deal of suspicion from community members, Bates said.

“We’ve had a long rocky relationship in both communities between the school boards and the communities,” Bates said.

Bates is the former Board of Education president for Ypsilanti Public Schools. Bates said he believes that public opinion has turned around due to the hard work of the school boards.

“Today is not a total realization of this vision, but our first opportunity to begin to execute it as a new school district,” Bates said. “Our work really begins now.”

The financial issues that previously plagued Ypsilanti and Willow Run are up to the new district to overcome, with a payment schedule of $1 million per year plus interest to fund a negative $10.2 million in the district’s primary savings account.

To manage its cash flow issues, the school district is preparing to borrow money.

“In order to be able to make payroll for the year, most districts borrow from the state to get the cash to be able to operate,” said Superintendent Scott Menzel. “As a deficit district, ours is a little bit more complicated as to what we’re able to borrow compared to what we need to borrow in this transition.”

Menzel, who is also the superintendent of the Washtenaw Intermediate School District, said YCS needs a little more than $17 million to be able to pay its bills in its first year, but the district is only authorized to borrow up to $15.9 million.

The district’s administration is working with the State Treasury Department to develop a strategy to address the extended repayment period for the district’s operating deficit, Menzel said.

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The new YCS Board of Education Monday in its first day of existence: (L-R) Daniel Raglin, Associate Superintendent Lisa Lisiscki, Celeste Hawkins, Don Garrett, David Bates, Tony Vanderworp, Maria Sheler-Edwards, Superintendent Scott Menzel and Gregory Myers.

Amy Biolchini | AnnArbor.com

The budget has been adopted with the assumption that YCS will receive a basic foundation allowance of $7,563 per pupil and that about 4,100 students will be enrolled in the district, as well as 175 special education students.

The basic foundation allowance is higher for YCS than it was for Willow Run Community Schools ($7,310 per student) and Ypsilanti Public Schools ($7,513 per student).

Trustees voted on a number of business items Monday necessary for the start of new business in the district, including adopting new building names for its high school and middle school and assigning contracts for basic services.

Chartwells has been hired after a Board of Education vote Monday as the management organization for food service throughout YCS. Staff positions will be posted this summer.

The consolidation means that Chapelle Elementary, Cheney Elementary, Ypsilanti Middle School and Willow Run High School will not be used by the new district in the 2013-14 year. However, the 2013-14 budget shows YCS’s facilities cost is about $387 higher than the state average - an item that leaders recommended the board review thought the next year.

The inaugural meeting of the YCS Board of Education was bittersweet for some.

“Today is a great celebration … it’s a little bittersweet because there are some people who aren’t here today that got us to where we are,” said Trustee Daniel Raglin.

Vice president Garrett said he and Associate Superintendent Laura Lisiscki committed to the consolidation because it was the best thing for the students in the district.

“We took hits in the community. It is kind of hard, going to the grocery store, to church, to school, public events and you hear people talking about … ‘Why do you want to get rid of our district?’” Garrett said.

“This is a good day,” he continued. “This is bittersweet, like Mr. Raglin said, because there was a lot of people who put a lot of legwork in to this and they’re not here - but we all knew that going in. I appreciate the community and the board for doing everything they’ve done.”

The YCS Board of Education will meet at 6:30 p.m. on the first and third Mondays of every month in the professional development room of the YCS Administration building at 1885 Packard Road in Ypsilanti.

Raw video: The YCS Board of Education sings "Happy Birthday" to Trustee Maria Sheler-Edwards and then to YCS.

Amy Biolchini covers Washtenaw County, health and environmental issues for AnnArbor.com. Reach her at (734) 623-2552, amybiolchini@annarbor.com or on Twitter.

Police arrest man suspected of selling crack cocaine

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A 46-year-old man suspected of selling crack cocaine was arrested in Ypsilanti Sunday.

Police said the man was stopped in the 300 block of Ballard Street around 2:30 p.m., according to an Ypsilanti police news release.

Officers identified several rocks of crack cocaine "packaged for sale," the release states.

The man was arrested for a felony warrant and for being suspected of possessing cocaine with the intent to deliver. He was taken to the Washtenaw County Jail.


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John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.

Winnipeg Jets draft Skyline grad Andrew Copp; 4 other Michigan player selected

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Skyline High School graduate and current Michigan hockey player Andrew Copp was selected by the Winnipeg Jets in the 2013 NHL Draft.

Daniel Brenner | AnnArbor.com file photo

Skyline High School graduate Andrew Copp was eligible to drafted in the NHL last summer but, unsurprisingly, the draft came and went and his name was never called.

Copp was on hand at the Prudential Center in New Jersey on Sunday and heard his name called as the fourth round pick, No. 104 overall, by the Winnipeg Jets.

"It’s something you’ve been waiting for your whole life…you just kind of blackout and it all of a sudden hits you. It’s a pretty cool feeling," Copp said while addressing the media at the Prudential Center on Sunday. "It’s just one step toward the ultimate goal, but it’s a nice feeling to be wanted and especially in the second year (of draft eligibility) just to notice that you’re improving."

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Andrew Copp

Copp just completed his freshman campaign for the Michigan hockey team. Though he had just one goal and one assist through Michigan’s first 18 games this season, he had 19 points in the final 22 games of the season. He was Michigan’s second most productive player after Christmas, leapfrogged from the fourth to first line, and during the summer was invited to USA Hockey's 2013 National Junior Evaluation Camp. NHL teams usually don’t like late-developing prospects, but Copp’s case was unique in that this year was his first-ever as a full-time hockey player having split his time between the ice and gridiron in high school. He was a two-time All-State football player for Skyline in 2010 and 2011.

"I became a full-time hockey player, I was playing football before, and that turned into a lot of confidence," Copp said.

Winnipeg has now drafted a Michigan player in each of its first two drafts as an organization. Jacob Trouba was the Jets' first round draft pick last year.

"I’ve been playing with Jake since I was 10 or 11 years old so it’s pretty cool and he’s been texting me up in the stands, waiting for me to get picked by Winnipeg and fortunately it happened," Copp said.

Unlike Trouba, who turned pro after playing just one season for Michigan, Copp doesn't plan on leaving Ann Arbor anytime soon.

"I want to finish my career at the University of Michigan and then see what happens in Winnipeg," Copp said. "I need to to get a little quicker and faster and obviously need to get stronger and get better hands. You can never be good enough at one thing in hockey."

Copp was one of five Michigan players to get drafted on Sunday. Incoming freshmen J.T. Compher, (Buffalo Sabres, Round 2, No. 35, Michael Downing (Florida Panthers, Round 4, No. 97), Tyler Motte (Chicago Blackhawks,, Round 4, No. 121 and Nolan De Jong, Minnesota Wild, Round 7, No. 197) rounded out the selections. It is the fourth time since 2000 that U-M had at least five players selected in the NHL Draft.

Pete Cunningham covers sports for AnnArbor.com. He can be reached at petercunningham@annarbor.com. Follow him on Twitter @petcunningham.

Changes coming to Domino's Petting Farm after departure of longtime manager

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Changes are coming to the Domino’s Petting Farm in Ann Arbor Township after longtime manager Don Strobel left his position last week.

After 16 years, Strobel left his position as manager of the petting farm on Friday. When Strobel left, he took a number of the animals he owned, said John Petz, director of real estate and public affairs at Domino’s Farms.

The petting farm contained more than 250 animals and Petz said Strobel owned many of the non-native farm animals such as yaks. Domino’s Farms is working with Stroble to potentially purchase some of the animals to keep them at the farm, Petz said.

“We are in the process of acquiring a good number of those animals from Don,” Petz said. “Obviously, we are going to continue the petting farm activities.”

The Domino’s Petting Farm has been in operation since 1984 at 3001 Earhart Road. It is a 501(3)c organization and is not subsidized by Domino’s Farms or Domino’s Pizza

Strobel started working at the petting farm in 1997. AnnArbor.com could not reach him by phone for comment on this story Monday.

In a statement posted on the Domino’s Petting Farm website, Strobel said he was leaving to spend more time with his family.

“The last 16 years have been some of the most rewarding and enjoyable of my life,” he wrote in the statement. “I’ve been fortunate enough to see families bring their children to the farm and then their children grow and bring their children to the farm.”

The major change coming to the petting farm’s operation will be the switch from a year-round model to a seasonal model, Petz said. The farm will close after Labor Day, on Sept. 2.

“We’re going to be moving to a seasonal model from year-round,” Petz said. “That’ll first be implemented by closing after Labor Day and reopening next spring, when we’re going to be hiring an activities coordinator to run a lot of the programs families have typically come to expect.”

Hours will continue to be the same as usual until Sept. 2, Petz said. The farm is open from 9:30 a.m. to 4 p.m. Monday through Friday and 10:30 a.m. to 5 p.m. on Saturday and Sunday.

Petz did not have a full inventory of the animals owned by Strobel that were no longer at the petting farm as of Monday. He said Strobel’s animals included yaks and pot-bellied pigs, which Domino’s Farms is looking to purchase from him. Many of the goats, sheep and other traditional Midwest farm animals are owned by the petting farm and are still there.

Rumors that most of the animals were taken from the petting zoo were simply not true, Petz said.

“He (Strobel) didn’t load his pickup truck and take the animals with him,” Petz said with a laugh.

Petz said the organization will miss Strobel’s in-depth knowledge of the petting farm and the rare breeds of animals he allowed visitors to interact with.

“He was very dedicated, he put all of his effort and time into this during the past 16 years,” he said, adding, “We wish Don success in the new roles he’s going to be pursuing.”

Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

Rules changes would limit speaking times for public and council members in Ann Arbor

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The Ann Arbor City Council is considering changes to its rules to limit speaking times at council meetings, while adding new opportunities for public comment at work sessions.

The rules changes — which would reduce speaking times for both council members and members of the public — are on the council's agenda for Monday, July 1.

The meeting starts at 7 p.m. on the second floor of city hall.

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Members of the Ann Arbor City Council at a meeting in May. The council's deliberations have lasted past midnight into the early morning hours on a number of occasions in recent months.

Ryan J. Stanton | AnnArbor.com

Under the current rules, up to 10 speakers are allowed to address council for up to three minutes each during the reserved public comment time at the start of council meetings.

The proposed changes would reduce speaking turns to two minutes, and speakers would not be able to reserve a slot if they already spoke at the start of the last council meeting.

The 10-slot limit for public comment at the start of council meetings would remain, with two spaces reserved for non-agenda items and eight reserved for agenda items.

In addition to the reserved time at the start of council meetings, there still would be other opportunities to speak during public hearings and during the general public comment period at the end of meetings. However, the time limits then also would be reduced from three to two minutes.

Council member speaking times also would be reduced. Under the current rules, council members are allowed to speak up to two times per agenda item — five minutes the first time, and three minutes the second time. That's proposed to drop to three minutes and two minutes, respectively.

It's expected that council members still could ask as many questions of city staff as they needed to clarify an issue during deliberations.

In addition to regular council meetings, the council sometimes holds informal work sessions where it discusses issues at length but does not vote on anything.

Public comment hasn't been allowed at those sessions in the past, but the proposed rules changes would add a time for that.

A new public comment period at the end of council work sessions would have to begin no later than 8:45 p.m., per the proposed rules changes.

The rules changes are being brought forward by the members of the Council Rules Committee — Sabra Briere, Marcia Higgins, John Hieftje, Stephen Kunselman and Christopher Taylor. Briere said the changes were recommended by Michigan Municipal League representatives.

Mayor Hieftje said he's not wedded to the proposed reduction in speaking times for members of the public, but he said council meetings have gotten longer. The council's deliberations have lasted past midnight into the early morning hours on a number of occasions in recent months.

"I'm pretty flexible," Hieftje said. "I'm not wedded at all to the two minutes versus three minutes, but we — members of the rules committee — wanted to get that out for the full council to discuss. Either way, I just want to hear people's views on that."

Hieftje said he does think limiting council member speaking times makes sense, because the rules always can be suspended if council members think an issue deserves more discussion. He also thinks it makes sense to not allow people to reserve time to speak two meetings in a row.

"We hear from people occasionally, the person who is not a regular at council — they will call the clerk's office shortly after 8 o'clock and find out all the slots are gone," he said. "So we would like to make it easier for the regular citizen who is not at every council meeting to have access."

The changes in rules also include a new paragraph on conduct, stating council members cannot use personal mobile devices to answer phone calls or send electronic communications, including text messages, while seated at the council table. Council members who have a need to attend to personal business would have to step away from the council table to do so.

Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529. You also can follow him on Twitter or subscribe to AnnArbor.com's email newsletters.

Student loan rates double without Congress' action

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College students taking out new loans for the fall term will see interest rates twice what they were in the spring — unless Congress fulfills its pledge to restore lower rates when it returns after the July 4 holiday.

Subsidized Stafford loans, which account for roughly a quarter of all direct federal borrowing, went from 3.4 percent interest to 6.8 percent interest on Monday. Congress' Joint Economic Committee estimated the cost passed to students would be about $2,600.

"It's kind of surprising; that's a big jump," said Rebecca Ehlers, an Iowa State University senior majoring in math.

A $1,000 subsidized Stafford loan is part of her financial aid package and she said she's reconsidering how she pays for school.

"I may work more or ask my parents for money rather than going through all that," said Ehlers, 21.

She — and millions of others who use federal student loans to pay for their education — has some time before she has to make that decision. But not much.

"The only silver lining is that relatively few borrowers take out student loans in July and early August. You really can't take out student loans more than 10 days before the term starts," said Terry Hartle, a top official with colleges' lobbying operation at the American Council on Education.

But that is little consolation for students looking at unexpected costs waiting for them on graduation day if Congress doesn't take action before it breaks again for the month of August.

"I'm upset by it," said Kolton Gustafson, a George Washington University political science major whose coming senior year will pack twice the interest as his junior year. "I wish there was a larger reaction to it."

"Many students are saying and thinking, 'I'll pay it later,'" the Grand Junction, Colo., native added. "That's why you don't see more people fighting back."

Students only borrow money for one year at a time. Loans taken before Monday are not affected by the rate hike.

Both political parties tried to blame the other for the hike and student groups complained the increase in interest rates would add to student loan debt that already surpasses credit card debt in this country.

"The federal loan program is burying them in debt. With the doubling of the interest rate, Congress is pushing student borrowers to their limit," said Michael Russo, federal program director with consumer advocate U.S. PIRG.

Lawmakers knew for a full year the July 1 deadline was coming but were unable to strike a deal to dodge that increase. During last year's presidential race, both parties pledged to extend the 3.4 percent interest rates for another year to avoid angering young voters.

But the looming hike lacked sufficient urgency this year and Congress last week left town for the holiday without an agreement. Instead, the Democratic-led Senate pledged to revisit the issue as soon as July 10 and retroactively restore the rates for another year — into 2014, when a third of Senate seats and all House seats are up for election.

Even when lawmakers return, there's no guarantee there will be the votes to restore the lower rates.

"When we pass a deadline and there are not immediate effects, the sense of urgency that accompanies a deadline evaporates and that is what I'm afraid will happen here," Hartle said.

For months, the student loan issue was the subject of partisan sniping — sometimes within the same party.

Obama's budget proposal included a measure that would have linked student loan interest rates with the financial markets. Fellow Democrats called that unacceptable because there were no guarantees interest rates would not skyrocket if the economy improves.

The Republican-led House, meanwhile, co-opted the president's proposal and passed a bill in May that linked interest rates to the financial markets but with a cap on how high rates could climb.

The Democratic-led Senate, meanwhile, tried for a two-year extension that failed to overcome a procedural hurdle. A Republican measure, similarly, came up short.

Top White House officials told allies to find any deal that could win enough votes and avert the politically and fiscally costly doubling.

An attempt at a bipartisan agreement fizzled last week when the Democratic chairman of the Senate education panel, Sen. Tom Harkin of Iowa, declared it a non-starter and urged lawmakers to extend the rates for one more year — when they get back next week.


2 hospitalized with minor injuries after rollover on U.S. 23

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Two people were sent to the hospital after a rollover accident on northbound U.S. 23 near Warren Road Monday afternoon, according to a Huron Valley Ambulance official.

HVA spokeswoman Joyce Williams said first responders were sent at 2:22 p.m. Monday to U.S. 23 near Warren Road, south of Joy Road, near Warren. A white pickup truck rolled over with a driver and a passenger inside, Williams said.

Ann Arbor Township firefighters said both people suffered minor injuries. Williams said they were taken to University of Michigan Hospital in stable condition.

Michigan State Police were not immediately able to be reached for comment on the rollover. Traffic was backed up in the area early Monday afternoon, but the scenes were cleared before 4 p.m.


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Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

Busch's looks to hire 35-40 employees during job fair Tuesday

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Busch’s Fresh Food Markets is holding the last in a string of job fairs Tuesday at its Saline store, located at 565 E. Michigan Ave.

During the fair, which will go from 9 a.m. to 7 p.m., the company is looking to hire approximately 35 to 40 new employees at its Washtenaw County stores.

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Busch's is headquartered on South Main Street in Ann Arbor.

File photo | AnnArbor.com

“Most of the hiring at the fair will be for the Saline location, but we do have positions open at our two Ann Arbor stores and the Busch’s in Dexter as well,” said Marla Booth, marketing vice president for the company.

The Busch’s in Saline is hiring in preparation for a renovation. Booth said holding the job fair before the renovation begins allows Busch’s to remain ahead of the curve by allowing employees time to go through training and orientation and be ready to staff the store when the remodeling is completed.

Busch’s held two other job fairs last week at its stores in South Lyon and Plymouth and are looking to hire approximately 75 new employees company-wide, including the 35 from Tuesday's fair.

Booth said open positions include in-store positions at departments ranging from meat and seafood to guest services. There also are positions open at the company’s central kitchen and bakery in Clinton.

The job fairs can make hiring more convenient for the company by shrinking the process down from weeks or days to hours. Booth said job-seekers can apply online before the fair or in person and store managers are present to conduct interviews at the fairs.

Once the interviews are conducted, some job offers are handed out on the spot and new employees often walk away from the event with orientation dates already set.

Busch’s CEO John Busch told AnnArbor.com at the beginning of June the company had roughly 1,400 employees across its 15 Southeast Michigan locations. The chain is preparing to open its next location in Canton in the first quarter of 2014.

Ben Freed covers business for AnnArbor.com. You can sign up here to receive Business Review updates every week. Get in touch with Ben at 734-623-2528 or email him at benfreed@annarbor.com. Follow him on twitter @BFreedinA2

Police investigating attempted break-in at Ypsilanti church

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Ypsilanti police are investigating an incident believed to be an attempted break-in at a city church discovered Sunday morning when a door was found damaged.

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Ypsilanti police Detective Sgt. Thomas Eberts said police responded at 9:40 a.m. Sunday to a church in the 300 block of North Washington Street for a report of an attempted break-in. The only church in that block is the First Presbyterian Church.

Eberts said church officials were opening the building for Sunday services when they discovered the damaged door. No items were reported stolen and it’s not clear if anyone gained entry to the building.

An Alcoholics Anonymous meeting was held in the church between 3 and 6 p.m. Saturday and no one at the meeting reported an incident to police. Eberts said the fact that no one at the meeting reported seeing anything out of the ordinary leads him to believe the attempted break-in happened overnight.

The investigation into the incident is ongoing, Eberts said.

Anyone with information on the attempted break-in is encouraged to call the Ypsilanti police at 734-483-9510 or Crime Stoppers at 1-800-SPEAK UP (773-2587).


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Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

Michigan ban on gay marriage constitutional? Trial could be coming soon

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A judge has said there could be a trial in the future to determine whether Michigan's ban on gay marriage is constitutional.

Courtney Sacco I AnnArbor.com

A judge signaled Monday that a trial is possible to determine whether Michigan's ban on gay marriage is constitutional, nearly nine years after voters approved it by a wide margin.

U.S. District Judge Bernard Friedman refused to dismiss a lawsuit filed by nurses Jayne Rowse and April DeBoer, who are challenging a law that bars them from adopting each other's children as well as a 2004 constitutional amendment that defines marriage only as between a man and a woman.

Friedman said the Detroit-area women, along with state of Michigan attorneys who are defending the laws, probably found something to like last week in a major U.S. Supreme Court decision, which could influence the outcome of the case.

The court struck down a portion of a federal law barring government benefits to same-sex couples who are allowed to legally marry in their respective states. But the justices also said states have the power to define marriage.

"This court cannot say that plaintiffs' claims for relief are without plausibility," Friedman said of Rowse and DeBoer. "Plaintiffs are entitled to their day in court and they shall have it."

He ordered all parties to court July 10 to discuss the future of the case and set a trial date.

Devin Schindler, a constitutional law expert at Thomas M. Cooley Law School in Grand Rapids, said the judge still could make a ruling without a trial, after lawyers further develop the case through depositions, if necessary, in the weeks ahead.

The Michigan attorney general's office said it was disappointed Friedman didn't dismiss the lawsuit but added: "We look forward to aggressively defending Michigan's constitution."

Carole Stanyar, an attorney for Rowse and DeBoer, said the case is moving forward.

"The language is neutral in his order, but we're on the good side of the motion to dismiss. We're optimistic," she said.

Pinckey-area teen continues to recover from bonfire accident

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A Pinckey teen severely injured in a bonfire accident on March 30 continues to recover at a University of Michigan hospital, according to media reports.

Sarah Grundy, 18, had briefly been moved out of an intensive care unit after most of her third-degree burns were tended to through multiple surgeries. She recently contracted pneumonia and other infections, sending her back to the ICU, the Daily Press & Argus reported.

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Sarah Grundy

Family photo

Numerous events have been organized to raise money for Grundy's family — which have since paid for parts of Grundy's treatment and travel costs to and from the hospital.

The Putnam Township Fire Department is now planning a July 27 motorcycle ride fundraiser for the family.

A fund has been established at Citizens Bank or checks can be mailed to Lavey Insurance Agency, P.O. Box 17, Pinckney, MI 48169.

Amy Biolchini covers Washtenaw County, health and environmental issues for AnnArbor.com. Reach her at (734) 623-2552, amybiolchini@annarbor.com or on Twitter.

U-M researchers: Canker sore drug could be used for weight loss

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The next weight-loss drug could be one already familiar to those with asthma and canker sores, according to researchers at the University of Michigan.

Obese mice treated with the drug Amlexanox lost weight and reversed metabolic problems such as diabetes and fatty livers.

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The mouse on the right was fed a high-fat diet. The mouse on the left was fed the same high-fat diet, as well as amlexanox.

Courtesy of the U-M Diabetes Center

Amlexanox is an anti-inflammatory drug used to treat recurrent ulcers and several inflammatory conditions.

Research conducted by Dr. Alan Saltiel, director of the Life Sciences Institute at U-M, found the drug inhibits two genes that play a role in metabolism and fat-burning in mice.

Dr. Elif Oral, associate professor of internal medicine and medical director of U-M Health System's Bariatric Surgery Program, is seeking individuals who are obese or have Type 2 diabetes for a new study to test the drug's effects on humans.

Individuals can be on oral diabetes medication and should have a body mass index between 27 and 36. Only 10 people are needed for this stage of the clinical trial.

Amy Biolchini covers Washtenaw County, health and environmental issues for AnnArbor.com. Reach her at (734) 623-2552, amybiolchini@annarbor.com or on Twitter.

Milan Bakery to re-open July 8 after abrupt closing in June

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The recently closed Milan Bakery will re-open July 8, according to a report in the Milan News-Leader.

Former co-owner Linda Ohl abruptly closed the store in early June, eight months after it closed and re-opened within a week in September 2012. Owner LeAnn Martin told the News-Leader she had been able to fill all outstanding special occasion orders while the store remained closed.

When it opens next week, Martin will run the store with the help of family and friends, adding more staff as soon as possible. According to the News-Leader, the bakery has been in business for more than 100 years.

The bakery will open at 42 E. Main St. with summer hours from 7 a.m. to 3 p.m., and with extended hours planned for the fall.


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Ben Freed covers business for AnnArbor.com. You can sign up here to receive Business Review updates every week. Get in touch with Ben at 734-623-2528 or email him at benfreed@annarbor.com. Follow him on twitter @BFreedinA2


Deputies find body of 21-year-old man who drowned after jumping into Huron River

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The body of 21-year-old drowning victim Donovan Jerard Hyter was found downstream from the railroad trestle where he jumped into the Huron River with five friends early Sunday morning.

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Deputies found Donovan Hyter's body Monday, a day after he drowned in the Huron River.

Melanie Maxwell | AnnArbor.com

Washtenaw County Sheriff’s Office spokesman Derrick Jackson said Hyter’s body was found about 5:15 p.m. Monday. Hyter and his friends jumped into the Huron River from the railroad trestle east of Superior Road about 4:52 a.m. Sunday.

Investigation into the incident, including interviews with the friends who jumped into the river with Hyter, will continue now that his body has been found.

“We were really just focused on finding the body first,” Jackson said.

Jackson said a group of six people left the Riverrain Apartments along the railroad tracks and walked toward the trestle. Five of the six members jumped into the river together Sunday morning and discovered Hyter was missing when the other four exited. One of the men in the group is a former lifeguard and attempted to assist Hyter but was unable to locate him.

“It’s really dark and the water’s moving pretty fast and they were unable to locate him,” Jackson said.

The group called 911 and the Washtenaw County Sheriff’s Office dive team began a search-and-rescue operation about 20 minutes after the group jumped into the water.

The water in the area is only between six and eight feet deep, Jackson said. However, the recent rainfall increased the river’s current, increasing the danger, Jackson said.

Heavy summer rains often swell the river and makes it more dangerous for people who are regular users.

“Every year when we get these heavy rains, we get near drownings, or people on kayaks get turned over and get trapped or we have actual drownings,” Jackson said.

Jackson said the man’s body was located in the vicinity of the trestle, a little bit downstream from the jumping point.

Hyter’s family has been notified that his body has been found.

It’s not clear if alcohol or other intoxicants played a role in the incident. Jackson said those questions would be asked during the course of the investigation.

Hyter was a Pittsfield Township resident and a graduate of Huron High School, where he was a semifinalist in the 2010 National Achievement Scholarship Competition, according to the school’s website.

Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

New Eastern Michigan athletic director Heather Lyke aims to establish winning culture

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Heather Lyke called Michigan softball coach Carol “Hutch” Hutchins when she learned she would be working just down the road from her as Eastern Michigan’s athletic director and vice president.

Hutchins didn’t just congratulate her former first baseman on landing the new job, but also on her new wardrobe.

“She said, 'It’s about time you got back to Michigan and at least you won’t be wearing that awful red any more,'” said Lyke shortly after being introduced as the university’s vice president and athletic director at Eastern Michigan’s Convocation Center on Monday.

Lyke has worked for the past 15 years as associate athletic director at Ohio State University and graduated from the University of Michigan in 1992.

“I said well, maize and blue together make green; that’s why I’m here,” Lyke said.

Eastern Michigan President Susan Martin introduced Lyke as the school’s 12th athletic director on Monday in front of media members, the school’s board of regents and others involved with the academic and athletic community. Lyke is the first female to hold the position at Eastern and one of just six female athletic directors in NCAA Division I athletics.

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Heather Lyke, above, was announced as Eastern Michigan University's athletic director/vice president on Monday, July 1.

Daniel Brenner | AnnArbor.com

Members of both the men’s and women’s basketball teams as well as men’s coach Rob Murphy and women’s coach Tory Verdi, who was on the hiring committee, were on hand in support of Lyke as well as Lyke’s parents.

“The president’s vision was very important to me and her enthusiasm for athletics and her genuine understanding of how helpful athletics and the value of it to a university, so that was important and also it’s an opportunity for me personally to lead an organization,” Lyke said.

Lyke spoke of the tremendous opportunity the job presented and how she believes the school is in position to compete for MAC championships in all sports.

“My goal would be for us to excel at the highest level in the MAC across the board. If we sponsor a sport, if we keep score, we want to win,” Lyke said. “It’s a branding it’s a mentality that this is an excellent environment.”

Lyke’s contract is for five years at an annual salary of $245,000 plus incentives based on championship and bowl appearances, academics, attendance, and more. Unlike her predecessor, Derrick Gragg—who spent seven years at the helm of Eastern Michigan’s athletic department before accepting the same position at Tulsa University in March —Lyke will have the title of vice president of the university.

“As a member of the president’s executive council, this is a new title,” Lyke said. “President Martin thought it was important to include the vice president title because of the role that you play on campus and represent athletics as part of the academic community and integrate the athletic department into the university community as well.”

Martin spoke of how glowingly people who had interacted with Lyke, from athletes to administrators, spoke of her during the interview process. More than 80 people applied for the position.

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Eastern Michigan president Susan Martin, left, introduces Heather Lyke as the school's new athletic director/vice president.

Daniel Brenner | AnnArbor.com

“It illustrates how she cares about student athlete’s well-being and success,” Martin said. “(Ohio State athletic director) Gene Smith talked about how great she is at evaluating talent, her presence her organizational skills, how great she is with people and given his knowledge of Eastern how great of a fit she’d be for Eastern.”

Smith was Eastern’s athletic director from 1985-1993.

Lyke’s first official day is July 22. In her current role at OSU, Lyke is a member of the athletic department’s executive team and is responsible for the assessment, design and development of the department’s strategic plan. She directly oversees 10 of OSU’s 36 athletic programs and manages and supervises 31 full-time coaches and staff. She also has oversight over all facets of the athletic councils involving budget oversight, revenue generation and facilities as well as the golf course operations.

Ohio State had a total revenue of $142,043,057 versus expenses of $124,419,412, second highest in the nation, according to USA Today, and was one of few Division I programs operating in the black and receiving no subsidies. Eastern Michigan is at the opposite end of the spectrum with $29,062,905 in revenue versus $27,798,118 in expenses, but with $24,298,925 in subsidies, according to USA Today.

“In reality there’s probably only a handful of schools in the country that are like Ohio State,” Lyke said. “I would say at Eastern Michigan we have to be creative with our resources and be aggressive about seeking new resources and revenue opportunities. I think you take your same standard of excellence that I’ve been ingrained in. And yes. We have to scale it back financially, but it doesn’t mean our accountability and level of performance has to be scaled back any. As far as what we do on a daily basis and how hard we’re going to work.”

Eastern Michigan’s so-called “large revenue” sports of football and men’s basketball have for years struggled with poor attendance and performance. The football and men's basketball teams struggled mightily in Gragg's tenure, going 18-66 and 91-133, respectively.

Lyke said getting fans out to games will be a unique challenge, but thinks the first step is establishing a winning culture.

“First of all you have to look at your product and our product is our team and winning is important,” Lyke said. “so we’ve got to have the right leaders in place to put the best team on the field and on the court. That’s what engages people. People are attracted to exemplars and to winners.”

Pete Cunningham covers sports for AnnArbor.com. He can be reached at petercunningham@annarbor.com. Follow him on Twitter @petcunningham.

Buffalo Wild Wings will open in ex-Damon's Grill in Ann Arbor

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A new Buffalo Wild Wings franchise will take the place of the Damon’s Grill that closed in February at 3150 Boardwalk Dr. in Ann Arbor.

Mallory McLellan, a spokeswoman for franchisee JK&T Wings, said that the company hopes to open the restaurant for business sometime in late fall 2013.

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This former Damon's will likely be a Buffalo Wild Wings before the end of 2013.

File photo

“We’re still working with the city on the plans, so the opening date is still very much in the air,” she said.

JK&T Wings is headquartered in Shelby Township and operates 35 Buffalo Wild Wings franchises, three Smashburgers and one Newk’s Express Cafe. The company’s restaurants are spread across Michigan, Massachusetts, and Louisiana.

According to Entrepreneur.com, the franchise fee for a new Buffalo Wild Wings restaurant is $40,000 with an ongoing royalty fee of 5 percent. A person or business must display a net worth of $1.5 million with $750,000 cash on hand to be considered for a franchise. Approximately half of all Buffalo Wild Wings franchisees own more than one location.

McLellan said that the four franchisees for Buffalo Wild Wings do not have distinct territories and often find themselves in close proximity. JKT&T Wings owns the Buffalo Wild Wings on South State Street in downtown Ann Arbor and the Brighton and Canton locations, but does not own the franchise in Ypsilanti.

“We’ve had our downtown Ann Arbor location for a long time, and we think that there’s the market to have a two in the city,” McLellan said.

“The one we have now is on campus so there’s not a lot of parking and it can be tough for families to go to. The new location gives us the opportunity to get more involved in the Ann Arbor community and appeal to the masses.”

She added that JK&T franchises offer fundraising programs for a wide variety of causes and often sponsor little league teams and other community endeavors.

It was a winding road for the property at 3150 Boardwalk Dr. to go from Damon’s Grill to potential Buffalo Wild Wings.

According to city records, California-based investor Ronald Campos bought the property in 2006 for nearly $3.5 million. In late 2009, Campos and his wife Zenaida were listed in the Washtenaw Legal News as being in default on payments to Flagstar Bank to the tune of $2.38 million.

Maryland-based McCormick 104, LLC, a subsidiary of an investment company that specializes in buying foreclosed properties, bought the property for $1.45 million in a sheriff’s sale on November 1, 2012.

The company initially allowed Damon’s Grill to continue operating but when the franchisee could not come to a new lease agreement, the restaurant closed on Feb. 24.

At the time, franchise spokesman Jason No told AnnArbor.com in an email that “the business has not been able to sustain itself, and it did not appear to be able to change course.”

The property was listed for $1.9 million by Realtor Jim Stokas and was purchased for exactly that amount by JK Ann Arbor Real Estate LLC on June 4. JK Ann Arbor is registered to the same address as JK&T Wings.

When the new JK&T owned franchise opens, McLellan said it will likely employ approximately 100 people including servers, cooks and the restaurant’s management team.

Buffalo Wild Wings has grown from 386 locations in the U.S. in 2009 to 504 in 2012. The company has not opened any international franchises.

Ben Freed covers business for AnnArbor.com. You can sign up here to receive Business Review updates every week. Get in touch with Ben at 734-623-2528 or email him at benfreed@annarbor.com. Follow him on twitter @BFreedinA2

Simple tips can help make the July 4th holiday safer & less daunting for both pets and their humans

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Flickr photo by Rocky Mountain Feline Rescue

Summer is officially here, and it's a season filled with a lot of fun for us humans — but from a pet's vantage point, it can prove to be quite difficult — especially during Fourth of July and other gatherings.

Fireworks (and in some cases gunfire) are unfamiliar and frightening to pets of all species.

Independence Day isn't my favorite holiday because of that. It's hard to see so many pets frightened by the noise and lights associated with fireworks.

As we've all experienced, the noise of fireworks doesn't occur just on July 4, and that can be challenging.

This time of year — along with New Year's Eve — are prime times for missing pets, as many become frightened and dart out open doors. Injuries from coming into contact with fireworks can pose a threat during this time as well.

(The onslaught of extra people in the house — or lack thereof, if you're away — can bring on anxiety too, as can the noise that sometimes accompanies the festivities.)

Here are a few tips that I can offer to keep pets safe, sound and happy:

  • Make sure you have up-to-date photos of your pets. You probably have a lot of photos of your pets either around your home or floating around in your digital camera. Having a picture of each of your pets in different poses and settings could ensure that you'll be reunited with a lost pet. The Missing Pet Partnership offers tips on photographing your pet for the purpose of recovering them if they are lost.
  • Be sure that your pet is microchipped. Click here to see how easily the procedure is done.

  • Ensure that your pet is wearing a collar with clearly marked identification that includes the pet's name, your name, address and telephone number.

  • If you're hosting a gathering and your pets have a tendency to be skittish with unfamiliar people, consider keeping them in an area of the home that will be undisturbed by anyone, with the door shut. In the case of a dog, a crate might be an added source of security. Play soothing music, talk radio or white noise to try and block out any unwanted noise that will cause anxiety. A free download for calming music is available here.
  • If you find that there are fireworks or other loud noises are troublesome for your pet, consider using what I call "storm treats" to try and curb a negative association with the noise. Directions for playing a game involving storm treats are listed here. Also, a pressure wrap can be helpful. Swaddling and deep pressure have been proven to provide both humans and animals a sense of comfort. Temple Grandin, Ph.D. expands on the topic of deep pressure in animals. Some dogs can benefit from wearing a Thundershirt, or a snug-fitting T-shirt. The theory is that the sensation of deep pressure, (in this case a variation of it) around the torso primarily, or swaddling — modulates the central nervous system, producing a calming effect.
  • Consider using T-Touch, an approach first developed for horses by Linda Tellington-Jones, and is used worldwide to address a number of issues, including noise phobias in canines.
  • Try dog-appeasing pheromone, also referred to as DAP, a synthetic pheromone produced by lactating bitches. Undetectable and equally safe for anyone outside of the canine species, DAP has been effective in addressing anxiety of various forms for dogs and can be found in a spray form, a collar that is worn and replaced every four weeks or in a diffuser. You might recall my talking about Feliway, the feline version of the same pheromone. DAP helps to attain an overall sense of well being in dogs.
  • Never force a companion animal to be present during a fireworks display. The noise, flashes of light and the smells can be confusing for pets. Scared pets can react by snapping or biting, creating a very unsafe situation for both human and pet.

The great thing about these specific suggestions is that they are easy to implement, and none of them have side effects. Depending on the severity of your pet’s discomfort when it comes to anxiety associated with fireworks, you can tailor a plan of action that works by trying one at a time, or perhaps more than one in tandem.

If your pet is sound sensitive and these other tips don't seem to help, you're not alone. It's advisable to consult with your veterinarian to prepare a treatment plan to make them as comfortable as possible.

Also, a quick inspection of your yard on a regular basis during this time of year is encouraged. Pieces of spent fireworks can land anywhere and curious pets, especially dogs, will readily pick them up and could possibly ingest them. (Don't forget to be vigilant on your walks.)

Lorrie Shaw leads the pets section for AnnArbor.com. Catch her daily dog walking and pet sitting adventures or email her directly and subscribe to AnnArbor.com's email newsletters.

Passengers scream as Spirit jet dives to avoid small plane; FAA investigates

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The Federal Aviation Administration said Monday it is investigating a close call between a Texas-bound Spirit Airlines flight and a skydiving plane that forced the jetliner to dive sharply over Michigan, as screaming passengers feared the plane was going to crash.

Flight attendants bumped their heads and luggage spilled out of overhead bins during the incident Sunday evening.

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This photo provided by the family shows, from left, Jolene, Janet and Gabrielle Dunnabeck at their home in Whitney, Texas. The Federal Aviation Administration said Monday it is investigating a close call between a Texas-bound Spirit Airlines flight they were aboard and a skydiving plane that forced the jetliner to dive sharply over Michigan on Sunday evening. "It was horrifying," Janet Dunnabeck said.

AP exchange

The Airbus 319 jetliner took off from Detroit Metropolitan Airport with 126 passengers and a crew of five, bound for Dallas-Fort Worth International Airport. It was over Tecumseh in southeastern Michigan about 8:22 p.m. when controllers reported another plane nearby, the FAA said.

"Air traffic controllers notified the Spirit pilot that a skydiving jump plane was climbing just south of the jetliner's position," FAA spokeswoman Elizabeth Cory said in an email. "The Spirit pilot confirmed that he could see the smaller aircraft on his Terminal Collision Avoidance System. ... A minute later, the Spirit jet received an automated TCAS warning that required him to begin an immediate 1,600-foot descent to 12,800 feet from a previous altitude of 14,400 feet."

At the closest, the two planes were 1.6 miles apart horizontally and 400 feet vertically, Cory said.

The sudden dive caught the passengers unaware, said Janet Dunnabeck of Whitney, Texas, who was returning with her 10- and 19-year-old daughters from a visit with Michigan relatives.

"It was horrifying," Dunnabeck told The Associated Press. "Every person on that plane was screaming. We thought we were going down."

Dunnabeck said the plunge caused overhead luggage bins to spill open, drinks to spill and flight attendants to bump their heads.

Two of them complained of pain and asked for medicine, sitting down while nonworking flight attendants stepped up to help.

Jolene Dunnabeck, 10, said she was "really scared."

"It felt like we were falling, we were going to hit the ground and die," she said.

Only after the dive was the pilot able to give out information, announcing only that a "flight control issue" led to the maneuver.

"Thank God he was able to control the plane," said Janet Dunnabeck, who said she spoke with the pilot later at Dallas-Fort Worth airport.

No passengers were injured, said Spirit spokeswoman Misty Pinson.

"Our pilots followed appropriate procedures and adjusted their flight path upon receiving an advisory of another possible aircraft in range," Pinson said in an email. "The flight continued to Dallas/Fort Worth without incident."

Addressing why the two planes got dangerously close, the FAA pointed to the smaller plane's pilot.

"The skydiving plane was flying under Visual Flight Rules, under which pilots are responsible for seeing and avoiding other aircraft," Cory said.

Gabrielle Dunnabeck, 19, said she, her mother and sister want answers about what went wrong and whether air traffic controllers should have alerted the Spirit's crew sooner.

"We're still wondering who dropped the ball," she said.

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