STATE OF MICHIGAN COURT OF CLAIMS A FELON'S CRUSADE FOR EQUALITY, HONESTY AND TRUTH, A Michigan Nonprofit Corporation, No. 18-000269-MM Plaintiff, HON. STEPHEN L. BORRELLO v STATE OF MICHIGAN, MACKINAC STRAITS CORRIDOR AUTHORITY, MACKINAC STRAITS CORRIDOR AUTHORITY BOARD, MICHAEL NYSTROM, ANTHONY ENGLAND, and J.R. RICHARDSON, Defendants. Andrew A. Paterson (P18690) Robert P. Reichel (P31878) 2898 E. Eisenhower Pkwy. Assistant Attorney General Ann Arbor, MI 48108 Environment, Natural Resources, (248) 568-9712 and Agriculture Division Aap43@outloook.com P.O. Box 30755 Attorney for Plaintiff Lansing, MI 48909 (617) 373-7540 Reichelb@michigan.gov Attorney for State Defendants / D) (DANTS’ ANSWER AND ix (ED PLAINT FOR DECLA\ RY JUDGMENT Defendants the State of Michigan, the Mackinac Straits Corridor Authority, Mackinac Straits Corridor Authority Board, Michael Nystrom, Anthony England, and J.R. Richardson (collectively “State Defendants”), by and through their counsel,Assistant Attorney General Robert P. Reichel, answer the Plaintiff's Verified complaint dated December 18, 2018 as follows: 1. Lack knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 1. 2, Lack knowledge or information sufficient to form a beliof as to the truth of the allegations in paragraph 2. 3. Admit. 4, Admit that the Mackinac Straits Corridor Authority was created with the enactment of 2018 PA 359. Deny that the Authority “is charged with the authority to oversee the construction of a tunnel to house Enbridge’s Line 5 oil pipeline under the Straits of Mackinac.” The Authority's responsibilities with respect to a utility tunnel at the Straits of Mackinac are set forth in, and conditioned upon, Sections 14d and 14e of the statute, MCL 264.324d-324e. 5. Admit that paragraph 5 accurately quotes a portion of the first sentence of Section 14(b)(1) of 2018 PA 359. 6. Admit. 7. Admit. 8. Admit 9. Admit. 10. Lack knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 10.11. Admit that MCL 600.6419(1) vests the Court of Claims with exclusive subject matter jurisdiction over claims for declaratory judgement against State Defendants. Deny that Plaintiff's complaint asserts a claim for injunctive relief. 12. Admit. 13. Admit. 14. Lack knowledge or information sufficient to form a belief as to the truth of the allegation that Plaintiff is a civic nonprofit corporation organized for civic and community improvement purposes and its alleged motivation(s) for filing the complaint. Deny the allegations that 2018 PA 359 allows the unlawful expenditure of state funds and that the creation of the Board and the appointment of its members are unconstitutional. 15. Lack knowledge or information sufficient to form a belief as to the truth of the allegation that Plaintiff is a civic nonprofit corporation organized for civic and community improvement purposes covered by the standing provisions of ‘MCR 2.201(B)(4) and MCL 600.2041(3). Deny the allegations that 2018 PA 359 allows the illegal expenditure of state funds and that the creation of the Board and the appointment of its members are unconstitutional. 16. Admit that Section 14b(6) of 2018 PA 359, MCL 254.3244(6), allows the members of the Board to be reimbursed for their actual and necessary expenses in the performance of their official duties. Deny that such expenditures are now illegal. The first four years of each Board member's term on the Board is consistent with the four-year limitation in Const 1963, art V, section 3, and the manifest