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Washtenaw County clerk says factuality portion of Michigan's recall law is unconstitutional

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Previous coverage:

On the day that Washtenaw County Clerk Larry Kestenbaum is scheduled to determine the clarity and factuality of recall language filed against Ann Arbor school board trustees, he released a statement saying he will refuse to issue any ruling on the factuality of the recall language.

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Kestenbaum is one of three members of the County Elections Commission who will be reviewing the recall language filed by the group Ann Arbor Public Schools Parents for Change, trying to remove six school board members from office.

The clarity/factuality hearing takes place at 1 p.m. Thursday at the Washtenaw County Board of Commissioners meeting room, 220 N. Main St. in Ann Arbor. It is open to the public.

Kestenbaum said in an email Thursday he has come to the conclusion that the new requirement of factuality in recall language is "unconstitutional on its face."

A new law passed in December 2012 makes it so the petitioner has the burden of factuality when filing recall language.

Kestenbaum said: "The submission of reasons for recall is a procedural, and not a substantive matter. And the targeted official may not impose delay by contesting whether those reasons for recall are 'good enough'." He says that judgement is up to the people and is based in the petitioner's ability to collect the prerequisite number of signatures to force a recall election.

Prior to the 2012 law, the elections commission only had to make a determination on the clarity of the petition language.

"They ruled whether it was clear enough to allow the officer in question to rebut the claims," said county Director of Elections Ed Golembiewski earlier this week.

Read Kestenbaum's compete statement about Act 417, the 2012 recall law, below:

The Michigan constitution sets up the basic process for recalls of public officials. Article II, Section 8, provides as follows:

Laws shall be enacted to provide for the recall of all elective officers except judges of courts of record upon petition of electors equal in number to 25 percent of the number of persons voting in the last preceding election for the office of governor in the electoral district of the officer sought to be recalled. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question.

For emphasis, I'll repeat that final sentence, in three parts

  • The sufficiency of any statement of reasons or grounds,
  • procedurally required,
  • shall be a political rather than a judicial question.

In plain language, the people have the power to remove a politician from office. The submission of reasons for recall is a procedural, and not a substantive matter. And the targeted official may not impose delay by contesting whether those reasons for recall are "good enough".

When a citizen is aggrieved with a state or local elected official, he or she submits a text which outlines the reasons the official should be removed. The county election commission reviews this text for clarity. If the text meets this minimal standard, the petitioner may proceed to collect signatures to force a recall election.

However, late last year, the Legislature changed this process by enacting Act 417 of 2012.

Under the new law, the county election commission is also charged with determining whether the proposed reasons for recall are "factual".

Little guidance is offered for what constitutes factuality, and how the commission is supposed to decide this.

Presumably, the commission would have to take a position on the truth or falsity of the charges offered.

Moreover, Act 417 provides that, if the commission determines the reasons for recall to be "factual," the targeted officeholder may contest this finding in court, and prohibits the collection of signatures while the case is pending.

This new scheme flies in the face of the Constitution.

The sufficiency of reasons for recall is a political question. It is specifically not a judicial question.

If the election commission and the courts can determine the truth or falsity of reasons for recall, then the power to judge these questions has been removed from the people.

I conclude, therefore, that the new requirement of "factuality" in recall language is unconstitutional on its face.

I took an oath to uphold the state constitution. I cannot in good conscience follow this provision of Act 417, which directly contradicts that constitution.

Accordingly, as a member of the Washtenaw County Election Commission, I will continue to review proposed recall language only for clarity.

I respecfully decline to review any recall language for "factuality."

I will oppose any motion which purports to rule whether or not a proposed recall text is "factual".

The Election Commission is not a court. It should not hold evidentiary hearings or take testimony under oath on the issue of whether proposed recall language is "factual". I will oppose any attempt to do so.

The Washtenaw County Election Commission will meet at 1:00 pm today, Thursday, August 1, at the Board of Commissioners Room, 220 N. Main Street, Ann Arbor.

The main agenda item is the proposed recall of members of the Ann Arbor school board.

This is the first recall petition since the enactment of Act 417, and our first opportunity to respond to this new legal environment.

Lawrence Kestenbaum
Washtenaw County Clerk & Register of Deeds

AnnArbor.com will be covering the recall hearing, which starts at 1 p.m. Check back later to see the results of the hearing.

Danielle Arndt covers K-12 education for AnnArbor.com. Follow her on Twitter @DanielleArndt or email her at daniellearndt@annarbor.com.


A2D2 zoning review: Public chimes in on the need for better ordinances

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Norman Tyler, a Division Street resident who supported a moratorium on downtown development, talks over a zoning diagram with City Councilwoman Sally Hart Petersen, D-2nd Ward, Ann Arbor resident Ann Schriber and consultant facilitator Erin Perdu Thursday morning during an A2D2 zoning review coffee session at Zingerman's.

Amy Biolchini | AnnArbor.com

Over Zingerman’s coffee Thursday morning, Ann Arbor residents shared their visions for downtown Ann Arbor: A livable, comfortable city with plenty of parking and an open feeling — and zoning ordinances to make it that way.

The informal meeting was a part of a massive review underway of Ann Arbor’s downtown zoning -- a directive of the Ann Arbor City Council following the approval of another contested high-rise development in May.

Caught between the tide of negative public opinion on the project and the need for new construction, the D1 and D2 zoning ordinances in place for much of the downtown are being called in to question.

Adopted after the city's Ann Arbor Discovering Downtown (A2D2) process in 2009, the city was supposed to evaluate the success of the new zoning a year later -- which never happened.

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This map shows the different zoning designation of downtown properties and highlights the areas where the city is considering redevelopment opportunities for city-owned properties as part of its Connecting William Street Plan (shown in purple).

Such high-rise developments targeted at the college student population have been booming in Ann Arbor within the past five years. Mayor John Hieftje has stated the need for new residential development downtown to target young professionals and families, not just students.

For the past week, a consultant firm has been conducting focus groups and meetings for coffee to gauge the public’s vision for downtown Ann Arbor and issues they see in zoning ordinances.

About 77 people have attended four focus groups conducted within the past week, and the consultants — ENP & Associates — have separately met with eight other individuals for private interviews, said Erin Perdu, consultant facilitator.

Approximately 15 people attended the coffee session Thursday at Zingerman’s in the upstairs dining room of the deli’s new addition.

Among them was Brad Moore, an Ann Arbor architect now involved with the redevelopment of the mixed-use Town Center Plaza building at 210-216 S. Fourth Ave.

Moore was critical of the city’s zoning ordinances, stating that as written, they force buildings to be constructed right up to the sidewalk line and the builder has to comply.

As an associate architect on The Varsity student high-rise, Moore said the design firm had to petition city council to push back the building’s footprint from the sidewalk to allow for an open first floor space.

In attendance at the Thursday meeting was City Councilwoman Sally Hart Petersen, D-2nd Ward.

Petersen said her vision for downtown Ann Arbor could be best summed up in the block that contains the Google building at 201 S. Division St. and the 411 Lofts at 401 E. Washington St.: Open and active spaces on the ground floor that engage pedestrians complement the office and residential space above them.

However, Petersen stressed the need for revenue-generating buildings downtown so the city can provide the level of services that Ann Arbor residents expect.

Several misconceptions about downtown zoning laws were aired at the coffee session — including the fact the D1 and D2 zoning approval in 2009 created the student housing boom in Ann Arbor.

Several buildings downtown that target student renters — Landmark, 411 Lofts, Zaragon Place and Corner House Lofts — were built before 2009.

Additionally, the boom in student housing occurred nationwide, Moore said. Lenders were only willing to fund what they believed to be recession-proof projects: Student high-rises.

Another misconception regarding the 413 E. Huron project was it would have been impossible to build under the previous zoning requirements the city had downtown, Moore said.

Under city zoning ordinances, buildings can be built above the base standard height if the designs meet at least one of a list of “premiums.”

Zoning laws also stipulate how far back a building can be from a property line, not specifically from another building.

Premiums are still a good principle, Moore said, but they need to be shaped in a better way.

Ann Arbor residents at the meeting Thursday were also interested in pursuing an ordinance to require public input sessions with developers to be moderated by a third party.

“It’s not the developer, it’s the process,” said Norman Tyler, a Division Street resident who's home will be in the shadow of the planned 413 E. Huron high-rise.

Petersen said she believes city council has a genuine desire to “get it right this time” in its review of downtown zoning.

The next public engagement meeting on the A2D2 zoning review will be from 7 to 8:30 p.m. Monday in the basement conference room of the Washtenaw County Building at 200 N. Main St. in Ann Arbor.

ENP will present a summary of topics discussed at the public engagement sessions to date at the meeting.

Priority issues will be identified at the meeting as well, and public input will be encouraged.

Additional focus groups on each of those priority issues will be announced for dates in late August, Perdu said. A final report from ENP will be given to city council in October.

The final community coffee event will be held from 8 to 10 a.m. Aug. 8 at Zingerman's Community Table at 422 Detroit St., with a consultant representative.

The public can also weigh in on the zoning review by taking online survey's on the A2 Open City Hall website.

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

Pioneer alumnus Evan Finch on college kicker of the year award watch list

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Hope College kicker Evan Finch, a Pioneer High School alumnus, is on the watch list for the preseason watch list for the Fred Mitchell Outstanding Placekicker Award.

Cory Olsen | MLive.com file photo

Hope College kicker and Pioneer High School alumnus Evan Finch has been named to the preseason watch list for the Fred Mitchell Outstanding Placekicker Award.

The award is given to the nation's top placekicker in the Football Championship Subdivision (FCS), NCAA Division II and III, NAIA and junior college football teams. The only college football teams not included in the selection process is the Football Bowl Subdivision.

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Evan Finch

Finch was a finalist for the award in 2012.

The award recipient is chosen by a committee which considers both on-field performance as well as work in the community. Finch works with special education students as a swimming teacher, is a bible study leader at Hope and also volunteers with Pioneer's track team.

“He does extremely well in the classroom and on the field,” Hope football coach Dean Kreps said in a release. “He’s the real deal student-athlete.”

Finch, a 2010 Pioneer grad, led Hope in scoring during his junior season last year, totaling 45 points. He converted 33-of-35 point-after-attempts and made 4-of-4 field goal attempts with a season-long of 40 yards. For his career, Finch has 108 career points with 72-of-76 PATs made and is 12-of-16 on field-goal attempts.

Finch is is one of 34 placekickers nationally and 11 from NCAA Division III on the preseason watch list.

Past winners

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

Ann Arbor school board recall language rejected

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Ann Arbor Public Schools Trustee Andy Thomas makes his arguments against the recall petition before the Washtenaw County Elections Commission Thursday afternoon.

Danielle Arndt | AnnArbor.com

Previous coverage:

The Washtenaw County Elections Commission Thursday rejected recall petition language that was filed against six Ann Arbor school board members.

The commission voted 3-0 to reject the language on the petition on the basis of clarity. The commission did not take up the issue of whether the language is factual.

The ruling stymied for now the recall effort of the Ann Arbor Public Schools Parents for Change. The parents, who are frustrated by what they say is general dysfunction on the school board, will have 10 days to appeal the decision in Circuit Court. The group also could submit a new petition with revised language.

Jody Huhn, a Thurston Elementary School parent and member of the group, filed the petition language on July 17 against AAPS trustees Susan Baskett, Simone Lightfoot, Glenn Nelson, Irene Patalan, Christine Stead and Andy Thomas. Petition language could not be filed against President Deb Mexicotte because she is her first year of a new term on the board.

Trustees Baskett, Lightfoot, Stead and Thomas were present at the 1 p.m. clarity/factual hearing Thursday and all except for Lightfoot made arguments before the commission refuting and objecting to the petition language.

Huhn filed the petitions separately for each board member, however, the reasons for recall were the same for all six trustees:

  • Failure to demonstrate thoughtful consideration of constituent priorities.
  • Failure to demonstrate transparency in decision making.
  • Failure to demonstrate cohesive and singular direction as evidenced by consistent split voting.
  • Failure to provide sufficient backing and support for district superintendent position as evidenced by high turnover rate averaging 2.25 years per term.

Huhn said the elections commission's ruling that the language was unclear did not disappoint her. She described the hearing as a learning experience.

"I think it was a very simple petition but it got the message across, which is what we wanted," Huhn said following the hearing. "I don't know from here exactly where we are going to go. It can be more detailed. We can take it to the next step and try again. ... I would need to talk to my group."

Huhn said she thought some of the school board members had valid points in their statements, adding she and the other parents will need to regroup and think about how far they would like to take the recall effort.

"Ultimately, it is a group problem the way that we see it," Huhn said of the board. "They are just so dysfunctional as a group. It would be nice if you could recall them all as a group, but I don't think you can."

By law, the allegations of the language must be made pertaining to the trustees' current terms in office and each trustee, as Thomas pointed out in his objections to the language, has been in office for a different period of time.

He said the terms of two trustees began in July 2009; the terms of two others began in January 2011 and the terms of the remaining two, including Thomas, began in January 2012.

Thomas called the recall language "a hot mess."

"The language is vague, not specific. It is subject to multiple interpretations. It does not confine itself to my current term in office, as is required by law. It asserts as truth things which are factually incorrect or which cannot be substantiated in any objective way. It is simply a hot mess."

Thomas argued that the 2.25-year turnover rate "appears to have been pulled out of thin air."

"As my ninth grade algebra teacher used to tell me, 'show your work.' ... The only way one could come even close to this number is to include an interim superintendent as part of the turnover," Thomas said. "An interim superintendent is not a superintendent, but an individual temporarily placed in that position while a permanent superintendent can be hired."

The elections commission, consisting of Judge Donald Shelton, County Clerk Larry Kestenbaum and County Treasurer Catherine McClary, addressed the issue of clarity first. Because the language was rejected on the basis of clarity, the commission did not have to take up the issue of factuality.

Kestenbaum asserted earlier Thursday that the portion of the law requiring recall petitions to be factual is unconstitutional and he said he would refuse to rule on that issue.

This was the first recall hearing the commission has held since a 2012 law included stricter parameters for recalls in Michigan.

Prior to the 2012 law, the elections commission only had to make a determination on the clarity of the petition language.

"They ruled whether it was clear enough to allow the officer in question to rebut the claims," said county Director of Elections Ed Golembiewski.

Now the petitioner also has the burden of factuality, he added.

Sheldon said when he thinks about clarity, he considers whether an ordinary voter who is confronted with the petition on his or her front porch or in the grocery story parking lot would be able to clearly understand the allegations being made against the officer. He described the commission's job as preventing voters from signing or not signing a petition that could mean different things to different people.

He said "thoughtful consideration," as cited in Huhn's first point for recall, is in the eye of the beholder. He didn't understand the claim about trustees not demonstrating transparency in decision making because the board is a public body and must vote in open, public session. Sheldon also took issue with the lack of a definition for what "cohesive direction" is or what constitutes "split voting."

Sheldon said someone heading into the ballot box would not be able to appropriately weigh the accusations without context or clearer descriptions of the claims.

McClary proposed a second motion for the commission to also go on record as saying the petition language is not factual because she did not believe any of the four reasons listed by the petitioner were. However, the motion died due to a lack of support. Sheldon said a factual ruling in this instance would be moot because petition language must be both factual and clear and since the commission had already ruled the language was not clear, such a determination on factuality was not necessary.

Danielle Arndt covers K-12 education for AnnArbor.com. Follow her on Twitter @DanielleArndt or email her at daniellearndt@annarbor.com.

Police: Man interviewed has no information about homicide

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Police continue to investigate the death of medical student Paul DeWolf.

Melanie Maxwell | AnnArbor.com

A "potential witness" in the Paul DeWolf homicide case came forward Thursday afternoon and was being interviewed at the Ann Arbor Police Department, officials confirmed.

"The Ann Arbor police are no longer looking for the potential witness as he voluntarily came to the police department today," Lt. Robert Pfannes stated in a release.

Police conducted an interview, but don't think the man knows anything.

"This person is not believed to be connected to the case in any manner," Pfannes said in the release.

A picture of the man taken from security camera footage from a building in the same Ann Arbor neighborhood where DeWolf was found dead appeared on AnnArbor.com Thursday morning. Police say he was seen on July 23 in the same area of the 200 block of North Ingalls Street where DeWolf was killed inside his apartment at the Phi Rho Sigma medical fraternity.

DeWolf was found dead the next day from a single gunshot wound. No firearm was found in the apartment and nothing seemed disturbed in the room, police have said. The case is being investigated as a homicide.

The Schoolcraft, Mich., native was a 2010 graduate of Grand Valley State University, where he was a member of the Sigma Phi Epsilon. DeWolf had just completed his third year of medical school at the University of Michigan and was studying to be a surgeon. He was set to graduate in May 2014.

DeWolf was a reserve officer in the Medical Services Corps of the United States Air Force serving as a medical student under the the military's Health Professions Scholarship Program (HPSP), according to officials.

The Ann Arbor police are actively investigating this crime. Anybody with information is asked to call the Ann Arbor Police tip line 734-794-6939, or email TIPS@a2gov.org or Crimestoppers at 1-800-SPEAK UP.

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

Saline swimmer breaks multiple records at AAU Junior Olympics and more community briefs

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Daniel Brenner | AnnArbor.com file photo

Amelia Armstrong-Grant had a stellar freshman season for the Saline High School varsity swim team last year, earning three all-state medals at the Division 1 state finals, including one for first place in the 400-yard freestyle relay.

If her summer performance is any indication of what is to come in the fall, there is more success on the horizon.

Armstrong-Grant competed in the AAU Junior Olympics, held at Canham Natatorium July 26-29, and set four records in the 15-18-year-old division. Swimming for the Plymouth-Canton Cruisers, Armstrong-Grant, 15, won the 100-meter freestyle in 59.62 seconds, beating the old record of 59.72 seconds, which was set in 2001 by Kelly Freeburn. Armstrong-Grant also set the 50-meter freestyle long course record with a time of 27.32, besting the old record (set in 1996) by .3 seconds.

Armstrong-Grant was also part of four record-setting relay teams, the 400 long course medley (4:41.57), 400 long course freestyle (4:16.68), 200 long course freestyle (1:54.33) and the 200 long course medley relay (2:09.79). In total, she swam in 10 events and took first place in nine. Her team took first place in the competition.

Olympians leading swim clinic to benefit children's camp

Former Olympians Sheila Taormina and Chris Thompson will lead an open water swim clinic at 2 p.m., Saturday, Aug. 10 at Halfmoon Lake Beach in Pinckney. The following day, "Swim to the Moon" will be held at the same location, which will feature half-mile, 1.2-mile, 5K and 10K swims. Visit EpicRaces.com for registration details.

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Chris Thompson

Associated Press

Both events will serve as benefits for North Star Reach Camp, a year-round camp for children with chronic and life-threatening health challenges. The camp is scheduled to open in 2015 with construction planned for 2014.

Taormina, a Livonia native, won an Olympic gold medal in swimming in 1996, competed in the triathlon in 2000 and 2004 games and modern pentathlon in the 2008 games and was the first woman to ever qualify for the Olympics in three different sports. Thompson is a former University of Michigan swimmer who won a bronze medal at the 2000 Olympics.

Veteran's Park holding grand reopening

A wide-scale refurbishment project at Veteran's Memorial Park, Southeast Area Park and West Park meant no adult baseball, kickball or softball leagues last fall. Now that the projects are completed, the games can go on.

The Ann Arbor Rec & Ed Department will host a grand reopening from 2-5 p.m. Sunday, Aug. 4 in celebration of the projects' completion. The event is open to the public, free and will include carnival-style activities, a ribbon-cutting ceremony, food and exhibition adult kickball and youth baseball games. For details visit RecEd.aaps.k12.mi.us.

National Senior Games

Ypsilanti's James Bowers, 56, competed in the 2013 National Senior Games in Cleveland, which took place July 19-Aug. 1. Bowers took sixth place in the long jump with a leap of 4.63 meters (first place was 4.97 meters) and seventh in the triple jump with a distance of 8.54 meters (first place was 10.89 meters). Bowers is an architect and master carpenter at Oxford Company in Ann Arbor.

Have a local sports brief to tell us about? Contact us at sports@annarbor.com.

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

Special weather advisory in effect for Washtenaw County

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A special weather advisory is in effect for Livingston, Oakland, Washtenaw and Wayne counties.

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Photo by Thomas Bush

At about 4:30 p.m. a strong thunderstorm near Howell was moving southeast at 30 miles per hour.

Penny-sized hail and strong winds greater than 30 mph are possible. According to the National Weather Service, strong wind may cause small objects to blow around and shelter should be taken.

There is no Severe Weather Warning or Watch at this time, according to NWS.

Tonight, showers in Ann Arbor are likely with a possibility of a thunderstorm before 7 p.m.

Friday there is a chance of showers and thunderstorms after 9 a.m. with a high of 77 degrees and a low around 59.

Partly sunny skies are predicted for Saturday with a slight chance of showers and thunderstorms. The high will be near 75 and the low will be around 53 degrees.

Sunday will be sunny with a high near 72 and a low around 56, with partly cloudy Sunday night.

For updated conditions and forecasts anytime, check AnnArbor.com's weather page.

Chelsea Hoedl is an intern reporter for AnnArbor.com. She can be reached at choedl@mlive.com.

Man out on bond accused of planning mass murder at Ann Arbor Social Security office

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Federal investigators are saying an Ypsilanti man out on bond after threatening workers at the Ann Arbor Social Security office may have been planning a mass murder and retreat to the "wilderness," according to a report on ClickOnDetroit.com.

After further investigation of the man, Daniel Norton, Homeland Protective Services found a massive amounts of weaponry in the trunk of his car including assault rifles, body armor, ammunition and more, the story said.

While in court, feds said there were not only enough weapons to kill everyone at the Social Security office, but enough survival gear to essentially disappear.

Norton's attorney made a plea to keep him out on bond, saying the weapons were bought legally and not touched while he was out on bond, but the judge denied the request and had him put in Wayne County Jail, reported ClickOn.

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First glance inside Ann Arbor's newest high-rise: The Varsity

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In eight days, downtown Ann Arbor’s newest high-rise apartment building, The Varsity, will open its doors to its first wave of tenants.

Finishing touches are being made this week to the 13-story, 415-bed building at 425 E. Washington St. The Varsity is hosting an open house from 7 to 10 p.m. on Friday, Aug. 2, with appetizers, drinks, live jazz and tours of the building.

“We’re doing all the last details,” said Chris Cepeda, a marketing and leasing representative for The Varsity. “They are painting and putting together the gym. The rooms are all finished.”

Cepeda said about two-thirds of the building’s units are leased, and that’s due in part to a management change halfway through the leasing season. Colorado-based Cardinal Group is managing the building for Maryland-based developer Potomac Holdings.

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A unit inside The Varsity, Ann Arbor's newest high-rise apartment building.

Melanie Maxwell | AnnArbor.com

“We have undergrads, we have some graduate students, as well as some people in the working industry, like people from Google and so on,” Cepeda said.

The selling point, he said, is the building’s location and the Sky Lounge on the 13th floor.

“You’re still so close to campus you can walk there, but you’re still surrounded by restaurants and bars,” Cepeda said.

Construction on the complex began in February 2012, and it’s wrapping up right on schedule. Tenants are planned to move in on Aug. 10 and Aug. 23.

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Construction started on the building in February 2012 and finished on schedule. Tenants are planned to move in Aug. 10 and Aug. 23.

Melanie Maxwell | AnnArbor.com

“The building was supposed to be finished ahead of schedule, but rainy weather delayed an early finish,” said Brad Moore of J Bradley Moore & Associates, an associate architect for The Varsity.

The building consists of studio units, and one-, two- and four-bedroom units. Rental rates range from $999 per bed in a four-bedroom, two-bathroom apartment to $1,644 for a one bedroom.

At street level, the building has a public plaza with a mid-block pedestrian connection stretching from Huron to Washington streets.

“Since the day this has opened up, it has been a highway with traffic,” Moore said.

There are two levels of parking connected to the building with about 70 spaces, and indoor bicycle spaces. The parking is accessed from both Washington and Huron.

The first two floors of The Varsity have a 24-hour security desk, a leasing office, a 24-hour fitness center, tanning beds, a lounge, and a business center with study rooms.

Similiar to Ann Arbor’s other new apartment developments, units at The Varsity come fully furnished with flat-screen televisions in the living rooms, in-unit washer and dryers, and free Wi-Fi and cable. The Varsity also boasts of a nearly one-to-one ratio of bathrooms to bedrooms.

The 13th floor of the building — the “Sky Lounge” — is an outdoor and indoor area where tenants can lounge, watch TV, and catch sweeping views of Ann Arbor, including the University of Michigan football stadium. Cepeda said the marketing team will be planning weekly events at the Sky Lounge and tenants will be able to reserve the space for events such as birthday parties.

The Varsity is one of nine apartment buildings constructed or approved in the downtown Ann Arbor area since 2009. Landmark, Zaragon West and City Place opened in 2012.

Lizzy Alfs is a business reporter for AnnArbor.com. Reach her at 734-623-2584 or email her at lizzyalfs@annarbor.com. Follow her on Twitter at http://twitter.com/lizzyalfs.

Man who robbed a Chase Bank after being released from hospital sentenced to 2-15 years

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The 32-year-old Ypsilanti man who allegedly robbed the Chase Bank on Huron River Drive immediately after his release from St. Joseph Mercy Hospital was sentenced to 2-15 years by the Washtenaw County Trial Court Thursday.

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Joshua Dettlaff

Joshua Dettlaff was charged with one count each of armed robbery, bank robbery and unarmed robbery. He pleaded guilty, but mentally ill and was sentenced by Judge David S. Swartz to 2-15 years in prison, and will be credited with the 547 days already served. Court costs and attorney fees were waved.

According to Ypsilanti police, Dettlaff had been arrested on a minor warrant. He was released to Huron Valley Ambulance and was transported to St. Joseph Mercy Hospital in Superior Township where he was treated and released on Jan. 26.

Police said immediately after Dettlaff was released from the hospital, he walked to the Chase Bank nearby and told a teller he had a gun.

Dettlaff left the bank and was arrested by the Eastern Michigan University Department of Public Safety and deputies from the Washtenaw County Sherriff’s Office along Hewitt Road, officials said.

According to state records, he previously was convicted for third-degree home invasion and attempted unarmed robbery in Saginaw County, as well as two counts of stealing a financial transaction device in Eaton County.

Chelsea Hoedl is an intern reporter for AnnArbor.com. She can be reached at choedl@mlive.com.

More images from the Washtenaw County 4-H Youth Show

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The Washtenaw County 4-H fair on Saturday featured a wide-array of barnyard animals and their proud owners.

The showcase of animals ends Friday, Aug. 2,

These images were taken by staff photographer Courtney Sacco.

Wheels in Motion reopens to public after major renovations

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Wheels in Motion, a bike shop and Ann Arbor staple since 1933, completed their major expansion project and reopened to customers on July. 19.

The family owned store, at 3400 Washtenaw Ave,. bought the neighboring 9,740-square-foot space from James Weitzel for $855,000 in August 2012 to add to their 2,500-square-foot shop, which has been home to Wheels in Motion since 1988.

The space was rented by Naked Furniture until the furniture store moved in to the former Blinds to Go building at 3570 Washtenaw Ave., in January 2013.

Construction began in late March 2013 on both the interior and exterior of the building.

Owner DeWight Plotner, who was born into the Wheels in Motion family, said the expansion has allowed the store to overcome size limitations on the amount of products on display, as well as the amount of support the shop can provide to the cycling community.

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Wheels in Motion bike owners Vickie, DeWight, Chelsie and Travis Plotner pose for a photo in the new showroom, located at 3570 Washtenaw Ave.

Melanie Maxwell | AnnArbor.com

“In the old portion of the store, we couldn’t really highlight products because we had to use every inch of space for our inventory,” DeWight said. “Now people are saying ‘my goodness you’ve really brought in a lot of new inventory,’ but that’s the inventory we’ve always had. You just couldn’t see it in the old store because a lot of it had to be kept in the basement.”

With the additional space, Wheels in Motion will be able to more than double the amount of bicycles they put on display.

“We’re not trying to cram bikes in here, but comfortably speaking we should be able to display up to 250 bikes,” DeWight said. “We were only able to fit about 100 in the old portion of the store.”

Not only is there more space for merchandise, but there also is more room for the store to host events and meetings for the cycling community.

“Space for meetings and more room to have some of the events we host start or end at the shop was something we really wanted,” DeWight said. “We want to be a bike ambassador for Ann Arbor. I guess you could say we feel like Ann Arbor deserves a world class bike shop. It is such an active cycling community and we wanted to support that.”

There is a conference room at the back of the new space that will be available to the cycling public as well as a spacious entryway, which features movable displays so that the area can be used for large events.

Plans for the old shop — which is connected to the new space by a side door — have not been made.

“It could be a recycle shop with close-out, bargain deals, used bikes and trade-ins,” DeWight said. “A recycle shop was something we couldn’t do with the other store because we were so tight on space. We didn’t have room for doing a lot of that sort of thing. We’re still trying to decide what should be done with the space.”

Travis Plotner, DeWight’s son and manager at Wheels in Motion, said they have been getting a lot of ‘Wows’ from the people who walk in because of the unique atmosphere.

“We tried to give the building a little more character and we tried to utilize as much as we could from the existing store,” DeWight said. “It was important to us that we keep the two height levels to break up the showrooms. The people that know us and knew what we were doing still couldn’t believe the outcome.”

DeWight said the building had to be gutted and completely redone.

“Returning customers are really happy for the shop because it’s a community and we’ve always had the greatest staff in the area,” Travis said. “Now we have the building to match the quality of our customer care.”

Wheels in Motion will host a grand opening sale on Aug. 10 to celebrate the completed expansion and the store’s 80th year in business. DeWight said the store will have some sort of giveaway during the event.

Chelsea Hoedl is an intern reporter for AnnArbor.com. She can be reached at choedl@mlive.com.

Construction reminder: 9 miles of westbound I-94 to close Friday night

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Beginning 10 p.m. Friday, nine miles of westbound Interstate 94 through Ann Arbor will be closed to all traffic beginning at U.S. 23.

The closure is a part of an ongoing $4 million construction project by the Michigan Department of Transportation.

Drivers on westbound I-94 will be diverted to northbound U.S. 23 at the interchange. The detour route will follow U.S. 23 to M-14.

Entrance ramps to westbound I-94 will be closed through Ann Arbor routes, as the construction ends where M-14 merges with I-94 on the west side of Ann Arbor.

Westbound I-94 will reopen to drivers 5 a.m. Monday.

In addition to the full closure of both westbound lanes, several lane and ramp closures are scheduled in order to accommodate increased traffic on the detour and to prevent accidents during traffic merging.

  • Ramp from westbound I-94 to southbound U.S. 23: Closed
  • Ramp from eastbound I-94 to northbound U.S. 23: Closed
  • Ramp from northbound U.S. 23 to westbound I-94: Closed
  • Northbound U.S. 23 at I-94: One lane closed

For a complete list updated by MDOT of all construction closures on state routes, visit MDOT's MiDrive website.

Weather permitting, MDOT is planning to close both lanes of westbound I-94 in the same project bounds for the same period of time next weekend as well.

The westbound work on I-94 follows two previous weekend closures of the eastbound lanes.


View MDOT I-94 construction in a larger map

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

Images of the Michigan All-Stars track and field club in Ypsilanti

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Some of the fastest sprinters in southeast Michigan train with the Michigan All-Stars track and field club of Ypsilanti, which is in search of a new facility.

Courtney Sacco is a photographer for AnnArbor.com.

Michigan All-Stars track and field club serves as haven but may soon be homeless

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The Michigan All Star Track & Field Club eat a pasta dinner during their last practice before the AAU Junior Olympics.

Courtney Sacco | AnnArbor.com

Behind the yellow-and-orange painted door at 725 North Huron Drive in Ypsilanti, the best collection of sprinters in Washtenaw County trains under a leaky roof, in a dimly lit, poorly ventilated warehouse space.

A 20-yard, three-lane track and a smattering of mismatched weight training equipment comprise the headquarters of the Michigan All-Star Track and Field Club. Flood lights chase away the darkness. Scores of medals hang from the ceiling and walls, alongside red, white and blue decorations and exposed insulation.

At 6:30 p.m. last Thursday, Radford "Rad" Greaves stood at the center of what he had built, barking out instructions while wearing yellow pants stained with paint and a white shirt -- attire left over from his day job as a roofer.

Training was dialing down and the focus was ramping up as the club’s best runners geared up for the AAU Junior Olympics, being held the following week just down the road at Eastern Michigan’s Rynearson Stadium.

But taking away from that focus was a fact that everybody knew and nobody was talking about: their days in the makeshift-but-beloved training center could be numbered.

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In a room lit with by floodlights. Michigan All-Stars assistant coach Derek Hunt trains with the teams younger members.

Courtney Sacco | AnnArbor.com

Greaves found out last year that the building’s owners are planning to redevelop the old warehouse -- all the tenants would need to find new space. He was able to keep the news secret through the winter indoor track season, but by last week everybody knew. When the junior olympics wrap up Saturday, runners will take a few weeks off before starting preparation for the winter track season and Whether or not they will have a building to come back to is an open question.

The All-Stars need a large enough space to train high-end sprinters, a low enough rent to fit its small budget and a location that can serve its many members who don’t have reliable transportation.

Nearly a year of searching hasn’t produced any viable options, and the notice to vacate could be coming at any time.

Without a training facility, an uncertain future lies ahead for a track club that’s been one man’s life’s work and a haven for dozens of young athletes.

“If they came and said ‘You’ve got to get out of here today’, I’d be putting stuff out in fields in my brother’s house in Saline,” Greaves said. “I have absolutely nowhere to put this stuff. I’m just begging and pleading that we get through this week.”

Humble beginnings

That cold winter day in Ypsilanti two decades ago still stands out stark in Greaves’ mind.

Then an eighth grader, Greaves was helping his father repair the roof of a factory just down the street from 725 North Huron. Together during a break from work, they found themselves looking through a window into the office of John Barfield.

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Michigan All-Stars track and field club members London Renfroe, left, and Duane Boyd arrived more than an hour early for a recent practice to mop up water after rain flooded the team's indoor facility.

Courtney Sacco | AnnArbor.com

An Ypsilanti native, Barfield had ascended from custodial work to become a wealthy local businessman. On his desk that afternoon sat a Harvard mug -- one of his sons went to school there. It provided a potent teaching moment.

“Education is the key out of this man,” Greaves’ father told him as they looked into the office. “I know you don’t want to be doing this your whole life. You’ve got to get the education.”

“To this day, that image burns in you,” Greaves says now. “And how ironic, here I am”

Greaves took his father’s advice, and went on to get a degree in education from Eeastern. But after he couldn’t find work in education in the late 1980’s, he found his way into the professional motorcycle racing circuit for more than a decade.

There, he learned several lessons he passes on to his athletes now: perspective, learned when he saw a good friend die during a warm-up lap, and focus, from when he crashed while trying to impress a high-level Suzuki executive in a test race.

“I can’t think of anything where I haven’t been able to draw an analogy of it,” Greaves said of his motorcycle racing.

When he returned home to Ypsilanti, the education jobs once again weren’t there, so he got back into the roofing business. To help his stepson Omar, he became an assistant football coach at Pioneer. That eventually led tp track, and he took over the Michigan All-Stars in 2007.

Now, he spends most of his days just a few buildings down from where he worked on the roof decades ago. At 725 North Huron, the same message his father gave him is being delivering to the waves of young athletes who come through his door each year -- some of whom had grandparents who worked in the same factory the Michigan All-Stars are now based out of.

“My whole deal is to get these kids into college,” Greaves said.

Many of those athletes face an uphill climb there. According to the statistics Greaves keeps, more than 60 percent of his team members come from households with income below $30,000 a year. Only a quarter of them live in two-parent households.

Greaves said he often takes on the role of a second parent as does his assistant coach, Derek Hunt. He stays in close contact with his athletes’ coaches and teachers, making sure their grades are in line and they stay out of trouble.

With the help Greaves, the rest of the Michigan All-Stars staff and the athletes’ parents, 96 percent of those who have come through the program have attended college.

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Coach Rad Greaves trains with his oldest Michigan All-Stars sprinters during a Friday evening session.

Courtney Sacco | AnnArbor.com

“Instead of going out every night, sometimes on Fridays and Saturdays when there was other stuff and we wanted to be with our friends, Rad would make sure we were in here,” said former Ypsilanti runner Andrew Hunt, Derek’s son. “At the time, it’s not something we wanted to do, but in the long run it definitely helped, keeps you out of trouble.”

The older athletes know that’s a result of Greaves’s dedication. He’s the type to get excited after a good race and take the whole team out to dinner, or take in a runner who’s been kicked out of his home.

“He has given his entire life to this,” said former Father Gabriel Richard runner Nick Donnellon. “If that doesn’t tell you what kind of person Rad is, he takes so much pride in these kids and them doing well and seeing their futures grow, regardless of if his future grows. It’s the most selfless thing.”

Austin Sanders, who won Division 1 state titles in the 100- and 200-meter dashes as a senior at Ypsilanti High School, was one of two runners who have lived with Greaves. With a tough family situation at home, Sanders stayed with Greaves in Ann Arbor while attending Ypsilanti High School as a senior. He’s now a member of the Michigan State track and field team.

Sanders first joined the All-Stars in 2007, when the club used space at Eastern Michigan but had no home of its own. Sanders often returns to help coach.

If the building goes away, the club will continue on, but what’s allowed the All-Stars to grow is their focus strength training and their video and mental work, done in a classroom built on the second floor of the facility.

Sanders often picked up a hammer after practice to help build the facility. It may be cobbled together, but it’s a sanctuary for those who have found it. Sanders knows as well as anyone what the loss of the building could mean.

“Without this building, I know for a fact it was going to be a struggle to make it as successful as it was before,” Sanders said. “Where are we going to work out? We can’t all get Planet Fitness memberships. It’s an asset that has blessed the team to get it to where it is now.”

Sacrifice

Greaves was just hours away from delivering the news he had been dreading when he got the call that saved the season.

His team had been training for four months to compete at the AAU Indoor Nationals in New York, but a few weeks before the meet, donations had dried up, and there was no money to transport the team across the country.

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Tyrone Coleman, 17, takes a water break during a strength training exercise during a recent Michigan All-Star track and field club practice.

Courtney Sacco | AnnArbor.com

Just before Greaves was set to tell his team in late February, he got a call from Barfield, who had become one of the club’s benefactors. A last-second donation was made, and the team’s trip to New York was saved.

“It’s just like somehow, someway the big daddy upstairs is looking out for us,” Greaves said.

The All-Stars were able to finish the winter season, but the financial situation has stayed tenuous. When Greaves took over the All-Stars in 2007, the club was funded by a grant from Kellogg’s. That money stopped flowing two years ago.

Since then he’s been cobbling together funding from a variety of sources, including an equipment deal with adidas that saves the club $10,000 per year, Greaves said. But he’s always searching for a more stable funding source.

All-Stars members pay $300-$350 in dues per season. That’s a fraction of what other track clubs throughout Michigan charge, Greaves said, but many of his athletes still need scholarships. He has them perform community service or sweep up his construction sites and calls it even.

At his day job, matters haven’t been much better. Greaves specializes in high-end copper and slate roofing, where the volume of jobs is lower but the margins are higher. But in the economic downturn, the demand for high-end roofs plummeted, and business dried up.

The housing downturn combined with his time commitment to the growing track club -- he trained 40 athletes in the winter and 20 in the summer this past year -- has dealt a blow to his finances. He’s had to downsize into a smaller home, and admits the arrangement has been a strain on his marriage.

Earlier this summer, a friend sent Greaves a job posting about an open track coaching position at Eastern Michigan. Greaves admits the thought of a regular salary went the wheels were turning in his head.

But he isn’t ready to give up on “his calling.”

“I don’t want to give up on this until I’m done,” Greaves said. “I ain’t got no money and it is what it is. I guess I’m just working to see how things work.”

But the junior olympics finish Saturday. The hunt for a new home and money for a new season will be back on.

“I know some people are like ‘You’re really riding this to the bones and to the last edge’, and maybe that’s the motorcycle racer in me,” Greaves said. “Or is that just, I don’t want to give up on the kids. I just figure I’ll just ride it until the last second.”

Kyle Austin covers sports for AnnArbor.com.


Married couple stab each other during Friday morning argument

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Washtenaw County Sheriff’s Office deputies are investigating after a married couple stabbed each other during an argument Friday.

Washtenaw County Sheriff’s Office Sgt. Geoffrey Fox said deputies responded at 7:30 a.m. Friday to the 1400 block of Blossom Avenue.

When they arrived, investigators found the man and woman both had injuries. Fox said the couple had stabbed each other during an argument.

Fox said both individuals suffered non-life threatening injuries.

Further information on this incident was not immediately available Friday morning.

Anyone affected or threatened by domestic violence can get help by calling the SafeHouse Center's 24-hour help line at 734-995-5444.


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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.

Meat eating vs. veganism misses the big picture - we all end lives to sustain our own

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I received an email recently from a University of Michigan student who is writing an essay in defense of eating meat. Our contact arose from this student deciding that, if he is going to eat meat, it is his responsibility to have a thorough understanding of the realities of slaughter and butchering.

This gave me pause. And while I admire this young man for his personal conviction, I don't necessarily believe an individual need confront the actual process of arriving at a pound of ground beef before eating that burger any more than I believe we must all assemble an engine prior to driving a car.

I do believe it is important to acknowledge that if you are eating meat then something living, breathing, thinking, feeling — died. And it's the breathing, thinking, feeling part that is most important. This is where the ethics of meat eating comes in.

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With today's heightened awareness surrounding the horrors of factory farming and feedlots, I do not need to discourse at length on the difference between meat raised purely as a commodity and meat raised with respect and dignity. I submit anyone in this day and age, and this corner of the world, who ignores the difference by supporting the CAFOs does so out of indifference that far outweighs any claim to ignorance.

Perhaps you take refuge in vegetarianism or veganism. Perhaps you believe by not eating meat you are abstaining from the taking of a sentient life to sustain your life. Differentiating between the morals of eating a steak compared to a tomato is hard to argue if the grounds for logic center on the right or wrong of deliberately killing a fellow creature to meet nutritional needs when these needs can be met without eating meat, especially if dairy and eggs are part of the diet.

But what so many remain truly ignorant of is the collateral loss of life that goes hand in hand with any agricultural endeavor. A field of standing hay is home to nesting birds, meadow mice and voles, snakes and rabbits. As the field is mowed to make fodder for livestock, including dairy cows, what do you suppose happens to these creature?

Plowing the earth to make way for corn, soybeans, wheat etc. plays similar havoc with the myriad creatures who live in these fields. Running combines to harvest these crops results in untold loss of life. Displacement and habitat loss spells doom for many animals if the machinery itself doesn't outright kill them.

And of course pesticides applied to crops are put on to kill bugs; "bad" ones and "good" ones alike. These substances are also deadly to birds, reptiles, amphibians and mammals.

What also isn't widely known is that chemical fertilizers have toxic effects on many living creatures, especially those living in the lakes, streams, rivers and ponds adjacent our farm fields. And this all happens whether these crops are harvested to feed pigs and chickens or just make a batch of granola or some tofu burgers.

Sustainable, organic farming practices go a long way towards mitigating damage to life and environment by eschewing chemicals. But the fact remains that unless you're out there planting one seed at a time by hand moving the worms out of the way as you go, you are ending life to sustain yours.

Yes there are order of magnitude arguments, and this brings me full circle to my challenge to dispel ignorance, abandon indifference, and fully acquaint yourself with the reality of sustenance, which is that nothing on Earth lives without something else dying. Then we can involve theology, arrogance, and botany to continue the conversation!

Ruth Ehman has been farming her 53 acres north of Dexter for 25 years. Recently retired from a "real job" she now makes her living producing "real food" including operating a dairy, and teaching others skills conducive to a small, diverse family farm lifestyle. Contact her at firesignfamilyfarm.com or ruthehman@live.com

Mary Sue Coleman, other university leaders call for increased research and education funding

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University leaders across the country, including University of Michigan President Mary Sue Coleman, have signed an open letter to President Obama and Congress expressing the importance of closing the “innovation deficit” — the widening gap between needed and actual investment in research and education, MLive reported.

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Mary Sue Coleman joined university leaders across the country in expressing the importance of funding of research and education.

Higher education leaders, all members of either the Association of American Universities or the Association of Public and Land-grant Universities stated that investments in research and education lead to innovation and new technology that fuel the economy, according to a University of Michigan press release.

Michigan State President Lou Anna K. Simon, Western Michigan University President John Dunn and Michigan Technological University President Glenn Mroz also signed the letter.

Chelsea Hoedl is an intern reporter for AnnArbor.com. She can be reached at choedl@mlive.com.

Ann Arbor DDA member arrested on sexual assault charge

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This story originally stated Nassif was a former employee of the prosecutor's office, which was incorrect. Nassif is a former employee of the Washtenaw County Public Defender's Office.

Ann Arbor defense attorney and Downtown Development Authority member Nader Nassif is facing a sexual assault charge, records show.

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Nader Nassif

Courtesy of WCSO

Nassif, 29, is held at the Washtenaw County Jail on a charge of criminal sexual conduct involving force or coercion, according to jail records. He was scheduled to be arraigned Friday afternoon, but the arraignment was postponed until Saturday, according to jail officials.

Nassif was arrested Wednesday in the 200 block of South Fourth Avenue.

Nassif is a criminal defense attorney and a member of the Ann Arbor DDA since 2011. He is a former attorney with the Washtenaw County Public Defender's Office and the Lorandos Joshi Law Firm, and currently runs his own law firm, The Nassif Law Firm PLLC, at 202 E. Huron St. in Ann Arbor.

Ann Arbor police have not responded to requests for comment about the case Friday morning.

A message seeking comment on the charge was left at a number listed for Nassif’s law firm Friday morning.

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

Ypsilanti's Vagrant Symphony finds a home Thursday night at Blind Pig

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Ypsilanti-based band The Vagrant Symphony brings its psychedelic folk extravaganza to the Blind Pig Thursday.

Band members have come and gone since the group came together in 2003 at Eastern Michigan University, but core members Christopher "Chewy" Anderson, Joe O' Dell, Alexis King and Bennie Phinisee remain.

“We wanted to call it a traveling symphony or mobile symphony, then we came across ‘vagrant,’ which was like a random thesaurus find,” Anderson told the Eastern Echo recently.

The idea of The Vagrant Symphony is to stray away from the conventional notion that you need a bass player, singer, drummer, rhythm guitar, and lead guitar to have a successful band. The members of this group don't play the same instrument from song to song.

Besides Bob Dylan, The Vagrant Symphony takes inspiration from Motown music, Pink Floyd and The Doors.

B.S.R.B. (Booty Shakin' Rhythm Beats), which includes some of the same members as Vagrant Symphony, will also perform. Y.S.M. and Capricorn are also on the bill.

The Vagrant Symphony plays Thursday, Aug. 8 at the Blind Pig, 208 S. First St Tickets are $5-$8. Doors open at 9:30 p.m. Details at www.blindpigmusic.com or 734-996-8555.

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