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The Michigan Messenger going forward

By Staff Report | 11.16.11

I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]

Colorado-based abstinence program provided false and misleading information to Michigan students

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By Todd A. Heywood | 11.16.11

An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.

Class action lawsuit filed against MERS over unpaid taxes

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By Todd A. Heywood | 11.15.11

Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.

Schuette fights important mercury regulations

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By Eartha Jane Melzer | 11.14.11

Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.

Stupak changes church school land swap

By Ed Brayton | 10.22.09 | 7:21 am
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U.S. Rep. Bart Stupak

U.S. Rep. Bart Stupak has reconsidered earlier legislation that would have given several acres of Coast Guard property in Cheboygan to a Christian school free of charge after constitutional law scholars pointed out that the land transfer would violate the First Amendment separation between church and state.

After Michigan Messenger reported on this issue in August, Americans United for Separation of Church and State contacted Stupak’s office and informed them that the legislation as written was unconstitutional.

Last week, Stupak, a Democrat from Menominee, wrote to the group and told them that he was changing the bill to require that the property be sold to the school at fair market value as required by law.

The land transfer is now submitted as Section 1325 of HR 3619, the Coast Guard Reauthorization Act, which is the budget appropriation for the Coast Guard for 2010. Where the previous legislation required that the land be transferred “without consideration,” the language now reads:

(a) Conveyance Authorized- Notwithstanding any other provision of law, the Commandant of the Coast Guard is authorized to convey, at fair market value, all right, title, and interest of the United States in and to a parcel of real property, consisting of approximately 3 acres, more or less, that is under the administrative control of the Coast Guard and located at 900 S. Western Avenue in Cheboygan, Michigan.

(b) Right of First Refusal- The Cornerstone Christian Academy, located in Cheboygan, MI, shall have the right of first refusal to purchase, at fair market value, all or a portion of the real property described in subsection (a).

Americans United is pleased with this development but argues that giving the Christian school a right of first refusal may still have some constitutional problems. In a letter to Stupak (PDF), AU executive director Barry Lynn praised the legislator for changing the terms of the transfer but reiterated that the constitutional problems are not fully addressed by the provision in H.R. 3619 because it grants the right of first refusal to the School.”

But given that the school already occupies the property and they built the building at their own expense, it seems entirely reasonable that they have the first opportunity to purchase the property as long as it is done at fair market value rather than a giveaway of public property.

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