Vote for Mary Hosley Mayor, City of South Haven, FOIA

Case Study: Mary Hosley vs. City of South Haven – A Prime Example of Transparency and Advocacy

Van Buren County Circuit Court Case 2022-71941-CZ

In this case study, we examine the legal case Mary Hosley filed against the City of South Haven over violations of Michigan's Freedom of Information Act (FOIA), a pivotal example of her commitment to transparency, accountability, and community advocacy. The case, which was filed in May 2022, occurred well before Mary became a City Council member and was closed in 2025. This legal battle highlights critical issues in local governance and sets the stage for her vision as Mayor of South Haven.

Background: The Importance of FOIA in City of South Haven Government

The City of South Haven's failure to comply with basic FOIA requirements led Mary Hosley to file a legal action that eventually uncovered key information being withheld from the public. The case centered on the City’s failure to provide one important document, which was particularly problematic given the significant development happening at the Overton Site.

What Happened:

Initial FOIA Requests: In June 2021, Mary made several FOIA requests for information related to the Overton Site development, among other aspects of City government. Although some documents were provided in October 2021, numerous documents were not produced, and roadblocks erected. A response with such resistance should make anyone concerned that something was improperly being withheld.
City’s Deficient Motion: The City’s initial attempt to block the release of documents was flawed, ultimately leading to delays that extended the case into 2025 and unnecessarily increased legal fees.

What the Litigation Uncovered: The Smoking Gun

After filing the lawsuit, Mary uncovered one crucial email from the City’s Environmental Consultant, which had been withheld for over a year. In this email, dated May 17, 2021, the City was informed that it would be "prudent" for the developer to complete a Phase I Environmental Site Assessment (ESA) and "at a minimum" a Baseline Environmental Assessment (BEA) before moving forward with a residential development.

Despite this expert recommendation, the City Council approved the development contract with the developer in June 2021 and February 2022, without ensuring these crucial assessments were completed. The Michigan State Housing Development Authority (MSHDA) ultimately denied the developer's grant application in February 2023, citing insufficient environmental data in addition to deficient parking.

Key Findings:

Environmental Consultant’s Guidance: The email from May 2021 recommended that the developer should complete some environmental assessments.
- The Environmental Consultant’s Guidance was discovered only because of Mary Hosley's litigation.
The City Staff recommendation in 2022 was to waive environmental updates.
MHSDA Denial: The grant denial from MSHDA in February 2023 was based on incomplete environmental data, further proving the City’s failure to act responsibly.

The Financial Implications: Wasting Taxpayer Dollars

One of the most critical questions raised by this case is the financial impact of the City’s delays and failures:

Legal Fees: How much taxpayer money was spent on legal fees for the City Attorney, consultant fees, and staff wages in the Overton development case from 2020-2023?
Missed Opportunities: Had the City acted on the May 2021 guidance and obtained updated environmental data promptly, could remediation and development at the Overton site have started much earlier?

The Bigger Picture: Wasted Taxpayer Dollars and Missed Opportunities

Mary's litigation revealed that the City's failure to act promptly not only delayed development at the Overton Site but also resulted in unnecessary legal costs and a missed opportunity for economic growth.

Mary’s Vision:

Transparency & Accountability Moving Forward

As a Mayoral candidate, Mary Hosley emphasizes the importance of transparency and accountability in governance. She believes that timely, open communication with the public is essential for creating a community that works efficiently and fairly for all residents.

Key Promises for the Future of South Haven Residents:

No Rubber Stamping of Staff Recommendations: Mary will work with the City Manager and staff to ensure balanced and accurate staff reports that facilitate thoughtful, efficient decision-making.
Training for City Staff: Ensuring that City staff and board members are properly trained to make the right decisions, the first time, without unnecessary delays.
Timely Decisions: Mary will ensure that key issues are addressed in a single meeting, preventing the revolving door of multiple meetings for the same topic.

Vote for Transparency on November 4th

The overarching theme of this case study is Mary Hosley’s unwavering commitment to transparency and accountability in local government. By holding the City accountable for its actions (and inactions), Mary has demonstrated her ability to navigate complex legal situations and advocate for what is right for the community.