Bernero administration, park supporters stay in legal limbo over Groesbeck plan

LANSING -- A legal dispute between Mayor Virg Bernero's administration and a group dedicated to saving a park continues.

An Ingham County judge decided Monday to not rule on whether the city can resume construction of a golf course entrance through a park it owns. 

After two days of testimony from several witnesses, a temporary restraining order granted by Ingham County Circuit Judge James Jamo still stands. 

As of Monday night, it was unclear when Jamo could revisit the matter. No additional hearings had been scheduled, based on court records. 

City Attorney Jim Smiertka wrote Monday night in a text message that his office is still waiting for a response to its motion for "a directed verdict in the city's favor."

The temporary restraining order granted by Jamo was filed by Friends of Ormond Park, a non-profit organization. The group opposes the Bernero administration's plans to build an entrance to Groesbeck Golf Course through the park because they believe the plan is destructive and dangerous for the neighborhood. 

Ann Arbor attorney Douglas McClure, who represents the group, has made an environmental argument that construction at the park has already caused permanent environmental damage.

Bernero and his administration argue there's been plenty of support for the entrance and that it will be safe once finished. 

On Monday night, a post on the Friends of Ormond Park's Facebook page encouraged supporters to ask City Council to set a moratorium for all capital improvement projects in parks and conduct an audit of all parks millage funds.

"Friends of Ormond Park are investing a lot, with your support," the post read. "The citizens of Lansing deserve more transparency and involvement in all decisions involving their parks." 

Construction at the park by city crews and a contractor, including removal of several trees and playground equipment, began on July 6. Jamo approved the temporary restraining order four days later. 

Smiertka said its the city's assertion plaintiffs did not establish a "prima facie case" required by the U.S. Environmental Protection Act for continuation of the restraining order. Prima facie is a legal term that is Latin for "at first look" or "on its face."

Ormond Park, according to city records, is 8.2 acres. It sits adjacent to the golf course, near East Grand River Avenue and Maryland Street 

Minutes from a 1989 City Council meeting show members unanimously approved the acquisition of several parcels of land between Ormond Park and Grand River Avenue to consider building a Groesbeck entrance. 

Contact Eric Lacy at (517) 377-1206 or elacy@lsj.com. Follow him on Twitter @EricLacy.