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Lawsuit By Former DPW Director Against City, Manager & Council Settled Out Of CourtLawsuit By Former DPW Director Against City, Manager & Council Settled Out Of Court

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A federal lawsuit against the City of Brighton, City Manager Dana Foster and the Brighton City Council has been settled out of court. The complaint, filed in June of 2014 by former DPW Director Matt Schindewolf and his wife in U.S. District Court in Detroit, alleged he was discharged in July of 2013 in retaliation for exercising his rights under the Family and Medical Leave Act. But in a statement released today, officials confirmed that the insurance company for the City of Brighton paid Schindewolf $82,500, settling any and all claims and the lawsuit has been dismissed. Schindewolf said his wife has been battling a serious health issue since April 2011 and he took leaves from work to care for her. The complaint said Foster placed Schindewolf on a forced medical leave in May of 2013. He returned to work after providing requested documentation from his doctor, but was then terminated less than a month later. The complaint alleged Foster said he had “lost confidence” in Schindewolf’s ability to perform his role and while he was given the option to resign or be terminated, he wasn’t allowed to speak with his attorney beforehand. Schindewolf maintained that he was never disciplined or given a negative performance evaluation during his twelve years a Brighton employee. The suit had sought damages in excess of $25,000 for loss of compensation and employment opportunities, as well as mental and emotional distress. City officials indicated that U.S. District Court Judge Nancy Edwards was instrumental in assisting the settlement negotiations, which ends the lawsuit and all claims against the city.

Registration Open For 12th Annual Run Against Drugs 5kRegistration Open For 12th Annual Run Against Drugs 5k

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Registration is now open for the Livingston County Community Alliance’s 12th annual Run Against Drugs next month. The race is scheduled for 10am on August 29th at the First United Methodist Church in Howell. It includes a 5k run/walk that is certified by US Track and Field, and will qualify runners for the Mackinac Bridge Labor Day Run lottery. Registration is $25 in advance or at the door, and those who register before August 14th are guaranteed an official Run Against Drugs technical tee-shirt. The event will also include a free kids’ run for children 11 years old and younger. All funds raised by the Run Against Drugs will go to help fund mini-grants, which are awarded by the LCCA to local youth-based programs to fight substance abuse in Livingston County. For more information, follow the link below. (TD)

Top Homemaker Award Handed Out In FowlervilleTop Homemaker Award Handed Out In Fowlerville

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The annual award for the top homemaker in the state was handed out in Fowlerville on Wednesday. Judy Gasco of Elmira in Otsego County took home the honor of Michigan State Homemaker of the Year in a ceremony taking place at the Fowlerville Fair. Gasco is a mother three and a grandmother of nine, with one on the way. She currently serves as the Grand Traverse District President of the United Methodist Women and has been a member of the Girl Scouts for nearly 40 years. Gasco believes that being a good homemaker isn’t just about what you do at home, but also what you do for your community. The field for the state finals was comprised of one champion from each of the nine counties that held top homemaker competitions in 2014. Organizers were encouraged at the number seeing as how last year’s finals only had five. Kimberly Niblock, who won the 2014 Fowlerville Family Fair Homemaker of the Year, represented Livingston County and came in second place. (MK)

Tyrone Township Renews Contract For Dedicated Sheriff's PatrolsTyrone Township Renews Contract For Dedicated Sheriff's Patrols

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An extension for the contract providing dedicated patrols from the sheriff’s department for Tyrone Township was given preliminary approval Monday by the County Public Safety and Infrastructure & Development Committee. With no police department of its own, Tyrone chooses to contract with the county for dedicated deputy patrols, keeping response times low despite the township’s relative isolation. The current contract for eight hours a day, seven days a week, will expire on August 5th, and the extension approved by the committee will extend it through mid-2019. Undersheriff Mike Murphy says his department is glad to provide the service, and the county is willing to cover 25% of the cost of the deputy as a subsidy for the township. The contract will cost the township roughly $140,000 in the first year, with increases of a little over $4,000 for each successive year. The contract still has to go to the full board of trustees before it is fully approved. (TD/JK)

Green Oak Man Sentenced To Prison On Child Pornography ChargesGreen Oak Man Sentenced To Prison On Child Pornography Charges

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A Green Oak Township man who entered a plea to charges that he possessed child pornography has been sentenced to prison time. 45-year-old Michael Harold Hockenberg pleaded no contest in June to a single count of distributing or promoting child pornography. In exchange, charges of possessing child sexually abusive material and two counts of using a computer to commit a crime were dismissed. On Thursday, he was sentenced to 2 to 4 years in prison, with credit for 7 days already served. The alleged incidents occurred last summer, but he was not arraigned in Livingston County District Court until February. According to police, Hockenberg said that after watching a beheading video and being excited by it, he turned to child pornography for the shock value. Hockenberg contested that he was not excited by the beheading video, but instead disgusted by it. Judge Miriam Cavanaugh heard his objections before issuing the sentence this week. (TD)

Hartland Residents Seek Answers About Proposed Recreational FacilityHartland Residents Seek Answers About Proposed Recreational Facility

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Property owners adjoining what may eventually be the Turnin 2 Softball Complex turned out for a public hearing Thursday night. Neighbors adjoining the parcels at the corner of Clyde Road and Old US 23 raised concerns about noise, lights and traffic from the 60-thousand square foot indoor facility and four outdoor softball fields. Many noted they already hear traffic noise from US-23, and after the trees and vegetation are cleared from the about a third of the property to build the facility they fear it will be worse. Developer Kevin Johnson of Rhoads & Johnson represented owner David Kennedy answering residents’ concerns. He says their intent is to be a good neighbor. In order to leave more of the vegetation as a buffer Johnson agreed to move the complex closer to Old US-23. No action was taken on the site plan, but Township Planning Director Dave Campbell says the developer has made some positive steps in the right direction and will be back with revised plans for the Planning Commission to consider. The Turnin 2 complex will provide practice and tournament facilities for a national girls’ softball team. Johnson says it will be the only one of its kind in southeastern Michigan. (DS)

Representative Theis Hears ET Rover Concerns From ResidentsRepresentative Theis Hears ET Rover Concerns From Residents

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About a dozen local residents attended the regular “coffee hours” of State Representative Lana Theis yesterday to voice their concerns about the ET Rover Pipeline. Theis holds coffee hours at various locations throughout her district to meet with constituents in a convenient and comfortable atmosphere. Last night’s coffee hours were held at the Panera Bread restaurant in the Green Oak Village Place Mall, and the main topic of conversation was the ET Rover pipeline that is currently planned to pass through Livingston County. Its path through Putnam Township will take it through areas with relatively dense population, disrupting a large number of residents and raising concerns about the safety of transporting natural gas so close to their homes. Residents shared these concerns with Theis yesterday, and although she sympathized, she informed the residents that as a state legislator she could not directly interfere with the approval process between ET Rover and the Federal Energy Regulatory Commission. However, she did say she plans to organize a meeting with state and federal lawmakers in order to hear and address local concerns. A PR representative for the pipeline was also present to provide responses to some of the questions posed by residents. The residents in attendance said they appreciated Theis’ efforts even if she could not directly involve herself in the process. Additionally, the legislator provided some insights on how to properly word an upcoming ballot proposal for a millage to fund Putnam Township’s legal fight against ET Rover. (TD)

Highland Twp. Man Accused Of Transporting Stolen Goods Flees Country Highland Twp. Man Accused Of Transporting Stolen Goods Flees Country

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A Highland Township man wanted in connection with a federal investigation involving the transportation of stolen goods remains on the run. An investigation into a series of cargo thefts from semi-trailers parked at truck stops in four states led authorities to 57-year-old Viorel Pricop, who fled to Canada in February after allegedly admitting his involvement. A complaint filed against Pricop in U.S. District Court in Detroit states last February, a Michigan State Police Trooper responded to the Storage King on Grand River in Wixom to locate a load of stolen Bose stereos from New Mexico. A trucking company had installed tracking devices in the load prior to the theft in New Mexico and informed police, which led the trooper to the storage facility where he encountered two individuals, a semi-tractor trailer and a van. The complaint states Pricop, who owns and operates the trucking business Good Time LLC out of his residence, admitted the equipment in the storage unit was stolen but also pointed the trooper to another unit full of stolen items including electronic, clothing and household goods. The recovered/seized property was valued at $600,000. Pricop allegedly stated he would transport the goods to Michigan and was paid $1,000 to $2,000 for each pallet of stolen property. Records state Pricop exchanged cars with one of his wife’s friends in Novi and fled with his family to Canada the same day a search warrant was executed at his home and a large pole barn on the property off Rowe Road near North Milford Road. Empty PVC storage tubes were said to be found around the property, which are typically used to seal and bury high value items. At that time, neighbors contacted WHMI to report a flurry of activity with police vehicles lined up and down the rural road in what’s normally a quiet area. The two searches reportedly yielded more than $1 (m) million in merchandise, including a red Ferrari and silver Mercedes Benz. The U.S Attorney’s office is seeking to have those and most of what was seized forfeited to the government - including Pricop’s home, a second home and designer clothes. Photo Courtesy of ICE. (JM)

City Of Howell Victorious In Court Fight Over Tall Grass City Of Howell Victorious In Court Fight Over Tall Grass

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The City of Howell has won a dispute over a homeowner's tall grass in a case that went to the second-highest court in the United States. A federal appeals court says the City did not violate the rights of a man who was charged $600 for failing to mow grass on a strip near his curb, which is pictured. In a 2-1 decision Wednesday, the court says David Shoemaker was repeatedly warned that he was responsible for keeping the grass at less than 8 inches long. The court says Shoemaker owned the strip but the City of Howell still could enforce its grass ordinance because the city has an easement over the same property. Shoemaker compared Howell to countries run by dictators. In response, the court says the comparison is "almost too outlandish to address." Shoemaker sold his home in 2012. (JM)

Trial Date Set In Controversial Drunken Driving CaseTrial Date Set In Controversial Drunken Driving Case

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After lengthy legal delays, a trial date has been set for a Livingston County man charged with injuring a pedestrian while under the influence. 60-year-old Gregory Green of Oceola Township will go to trial August 31st on charges of operating under the influence causing incapacitating injuries and carrying a concealed weapon while intoxicated. Authorities say Green was operating a motorcycle on East Grand River Avenue in Howell in the early morning hours of July 13th, 2013, when he struck and seriously injured a pedestrian. Once they determined Green was coming from a bar after consuming alcohol, police took him into custody and had a blood sample taken at an area hospital. Two vials were produced and a test by the state police crime lab determined one vial had a blood-alcohol content level of 0.092%, exceeding the state’s legal limit of 0.08%. Green requested that the Livingston County prosecutor’s office use the second vial to retest his blood sample to ensure a fair comparison to the original test. When a local judge approved the request, prosecutors turned to the Michigan Court of Appeals, which ruled in March that while Green has the right to have one vial retested, the trial court can’t order the prosecutor to have it retested by the Michigan State Police, who did the original analysis. A recent ruling by Livingston County Circuit Court Judge Michael Hatty denied a request by Green to enter an independent analysis into evidence, ruling that he had to establish the same legal foundation to admit his independent blood alcohol test results that the prosecutor is required to establish to admit theirs. (JK)

Water And Sewer Rates To Increase In City of Howell Water And Sewer Rates To Increase In City of Howell

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The Howell City Council approved water and sewer rate increases during Monday night’s meeting as part of ongoing efforts to adjust rates and reflect the actual cost of service. Overall rate increases of 5.5% were approved unanimously Monday night by the Howell City Council, with member Jeff Hansen absent. The rate increases will be effective August 1st and different classes of users will be adjusted accordingly but the majority of customers will potentially see annual increases of $39.60. A comprehensive rate review in 2006 revealed the city’s actual cost of service was substantially higher than current rates and recommended large increases according to City Manager Shea Charles. In order to minimize large increases for customers, the city decided to embark on a series of rate increases over multiple years and review each system annually, but on a smaller scale. Charles tells WHMI one challenge in the past was that the systems utilized connection or tap-in fees to subsidize operations, which the review revealed was not a sustainable path. Charles noted that they are seeing a slowdown of rate increases but had to do a lot of catching up over the past ten years. He says the city is a little ahead of the rate of inflation and other areas but still able to maintain the system and avoid really large user increases. It was noted during Monday night’s meeting that customers would be notified via postcard, the city website and local media since rate increases are typically proposed to take effect at the beginning of a fiscal year but were delayed one month. (JM)

Bishop Optimistic Opponents Of Iran Treaty Can Override Obama VetoBishop Optimistic Opponents Of Iran Treaty Can Override Obama Veto

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Livingston County’s voice in Congress says not only will he vote no on the proposed nuclear deal with Iran; he’s encouraged that the votes will be there to override an expected presidential veto. Congressman Mike Bishop just returned from Washington for the summer recess and is back in the 8th District working on various constituent matters and other issues. But he says when Congress returns after Labor Day, the proposed treaty will be at the top of the agenda. Under terms of the agreement, Iran says it will either eliminate or cut by 98% its stockpiles of enriched uranium, while reducing by about two-thirds the number of its centrifuges for at least fifteen years. The Obama Administration says the deal was the best that could be achieved and that without it, the international sanctions regime would collapse. But Bishop hotly disputes that assessment and says it is a faulty document that will allow Iran to ultimately gain a nuclear weapon. "I'm willing to bet that not only do we have the ability to turn this agreement down, I believe that if the President decides to ultimately veto our rejection of this agreement, that there may even be the votes there to override this agreement because of the breach of responsibility of the negotiating team." Bishop’s full interview will air Sunday morning at 8:30 on WHMI’s Viewpoint program. As for the GOP race to win back the White House in 2016, Bishop said the current Republican front-runner, Donald Trump, has tapped into a vein of popular discontent that will ultimately help achieve that goal. But he acknowledged that Trump’s “shoot from the hip” style is simultaneously his greatest asset and biggest liability. (JK)

Local Health Department Promoting Heatstroke Awareness Local Health Department Promoting Heatstroke Awareness

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Local public health officials are is reminding parents and caregivers about the dangers of heatstroke and leaving children in hot cars. The Livingston County Department of Public Health says heatstroke is the number one killer of children, outside of car crashes. Deputy Health Officer and Personal/Preventive Health Services Director Elaine Brown says as outside temperatures rise, the risk of children dying from being left alone inside a hot vehicle also rises. She says “One child dies from heatstroke nearly every ten days from being left in a hot vehicle, but what is most tragic is that the majority of these deaths could have been prevented.” The department is urging parents and caregivers to “look before you lock” and says 59% of all vehicle-related heatstroke deaths in children are caused by a child accidentally being left in the car while 29% are from a child getting into a hot car on their own. Friday marked National Heatstroke Prevention Day and parents and caregivers are being advised to learn the warning signs of heatstroke. Further information and tips from the Livingston County Department of Public Health are available in the press release below. (JM)

Golf Outing To Benefit Program That Helps Abused & Neglected ChildrenGolf Outing To Benefit Program That Helps Abused & Neglected Children

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An upcoming golf outing will benefit a local program in which volunteer advocates are appointed to represent abused and neglected children during a traumatic time in their lives. Corrigan Oil and Livingston County Undersheriff Mike Murphy are joining forces for a golf outing on Monday, August 31st at the Hartland Glen Golf Course. All proceeds raised will benefit the Court Appointed Special Advocates program. CASA volunteers are specially trained to serve as advocates for children from Livingston County who are in the foster care system or the family court system due to no fault of their own. They collaborate with attorneys and the foster care system, write evaluations, issue recommendations, and advocate for the best interest of the child they serve in all court proceedings. Murphy says the kids tend to be neglected and abused, either physically and/or sexually and these advocates become their voice. Murphy tells WHMI the advocates truly get to know the kids and invest in their lives but also understand their family dynamics. The program has had a significant impact on many children thus far and Murphy says with a few extra bucks, more can be served. Murphy says the goal is to make the event Livingston County’s premiere golf outing and help support a different charity each year. Registration is on a first come first served basis for the golf outing, and a number of sponsorship and volunteer opportunities are available. Those who can’t attend are being encouraged to consider a sponsorship or a donation for the silent auction, door prizes and gift bags. Registration and sponsorship information is available for download via the attachment below. (JM)

Trial Set For Three Men Charged In Brighton Township Marijuana BustTrial Set For Three Men Charged In Brighton Township Marijuana Bust

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Three local men will go to trial next month after police say they were growing large quantities of marijuana illegally. 49-year-old Jeffrey Mote of South Lyon, 60-year-old Richard Riley of Brighton, and 42-year-old Anthony Portelli of Whitmore Lake are all charged with delivering or manufacturing between 5 and 45 kilograms of marijuana, the equivalent of between 20 and 200 plants, as well as a generic charge of delivering or manufacturing marijuana. The charges were filed following police raids on an alleged marijuana dispensary in Brighton Township and two homes, which authorities say were being used to grow marijuana. The homes are reportedly owned by Mote, who was also the owner of the business, known as Grow Green MI. Authorities say Portelli was the manager of the dispensary and Riley was in charge of actually growing the plants. Mote has denied the facility was being used as a dispensary. The defendant’s attorneys have also questioned officers involved with the raid whether they were aware if their clients were registered caregivers and/or patients under Michigan’s Medical Marijuana Act, but were told by one DEA agent that didn’t matter as they were operating under a federal search warrant. Federal law doesn’t recognize state efforts to legalize marijuana, whether for medicinal or recreational use. (JK)

City of Howell Wants In Redevelopment Ready Communities ProgramCity of Howell Wants In Redevelopment Ready Communities Program

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The City of Howell is hoping to join a program that helps identify and strengthen weak areas in a community’s development process but also highlights opportunities. The Howell City Council recently adopted a resolution of support related to the Redevelopment Ready Communities program through the Michigan Economic Development Corporation. The voluntary, no-cost program assists local municipalities in establishing a sound foundation for redevelopment and investment to occur in their communities. The program measures and then certifies communities that integrate transparency, predictability and efficiency into their daily development practices. The RRC certification is a formal recognition that a community has a vision for the future and the fundamental practices in place to get there. The City of Howell recently adopted a new master plan for land use that charts future development and redevelopment, noting the municipality’s strengths and future challenges. The city has already undergone an outside evaluation process to become more business friendly and says the ultimate goal is to become fully certified under the program and further refine development processes for future opportunities. A memo states there are a number of items staff identified in the self-evaluation process the City will need to work on in the coming year but there were also a great deal of things the city is already doing and doing well. This marks the third competitive application round since the program was launched and the MEDC will take a “deep dive” into the City’s governing documents before bringing back a report with recommendations. (JM)

Legal Battle Over Brighton Homes Headed For U.S. Supreme Court Legal Battle Over Brighton Homes Headed For U.S. Supreme Court

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A case involving two historic homes in the City of Brighton that’s been tied up in one court or another for years is now headed for the highest in the United States. The homes at 116 and 122 North Street are owned by Leon and Marilyn Bonner. The couple filed suit against the City in 2009 over an ordinance that requires the demolition of unsafe homes whose value is less than the cost of repairing them. Last October, the Michigan Court of Appeals affirmed a lower court ruling that the residential homes be demolished as nuisances – marking a victory for the City. The Bonners are being represented by Attorney Dennis Dubuc, who appealed that decision to the Michigan Supreme Court. It denied the request in a July 28th order, saying the justices were not persuaded the questions presented should be reviewed. Dubuc told WHMI he was disappointed because the case pertains to the rights of property owners across the state and their only recourse now is to go to the U.S. Supreme Court, which is what 89-year-old Leon Bonner has advised him to do. In 2009, the city revoked the residential use of 116 and 122 North Street due to non-use. Dubuc maintains the City disconnected water service in 1978 to retaliate against the Bonners for challenging the city’s code enforcement actions, which prevented normal use and occupancy of the homes. Dubuc says water service was never restored but the Bonners continued to maintain the homes, cut the grass and paid taxes. Dubuc says he will be filing an appeal with the U.S Supreme Court but also a motion with Livingston County Circuit Court Judge Michael Hatty to ask for a stay of proceedings. An earlier ruling gave the City the ability the tear down the homes but a stay was granted during the appeal process. Dubuc is hoping that will be granted once again, as he maintains the homes pose no danger or emergency and have just been sitting there. City Attorney Paul Burns has consistently maintained the homes are not safe and should be razed. (JM)

Foundation Provides Grant To Help Fund Startup WeekendFoundation Provides Grant To Help Fund Startup Weekend

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New businesses may get the opportunity for a kick-start this October thanks in part to a grant given to Cleary University. The university received a $12,000 grant from the Community Foundation for Livingston County that will help support the first Startup Weekend Livingston, an event designed to attract tech entrepreneurs that will take place October 16th through 18th. Organizers designed this event to be a weekend long think tank for everyone from skilled career businessmen to high school students interested in getting started in the tech world. The opening day is for attendees to bring an open mic pitch and attempt to recruit a team. The next two days are spent developing ideas and prototypes before taking them before a panel of experts for feedback. Two winning startups will each receive $1,000 in legal and marketing assistance along with three months of office space rental in the university’s Center for Innovation and Entrepreneurship. (MK)

Howell Township Re-Examining Pet Ownership And Kennel ZoningHowell Township Re-Examining Pet Ownership And Kennel Zoning

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Planning commission discussions could soon allow residents in Howell Township to own more pets and open kennels.Commissioners discussed how the township defines kennels and the limits on pet ownership at its regular meeting last week. This continues talks from about six months ago regarding the current three-dog limit for residential houses. Clerk and Zoning Administrator Carolyn Eaton says there are large parcels in the township that should be able to own more than three dogs without causing any disturbance to neighbors, but under current ordinance they would be classified as kennels if they exceeded the limit. Eaton says she has also received inquiries and requests to establish pet-based businesses in the township, including pet shops, pet supply stores, kennel supply stores, and breeding facilities. However, there is nothing in the township’s zoning that would allow for such commercial uses to exist. The township is now discussing how to classify different types of kennels, how to incorporate pet-based businesses into its commercial zoning, and where that kind of use should be allowed. The discussion last week was just a refresher for planning commissioners, and the topic will be brought back to the commission at its next regular meeting. (TD)

Teen Known For High-Speed Chases Hospitalized Before TrialTeen Known For High-Speed Chases Hospitalized Before Trial

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A Highland teenager with a history of leading police on high-speed pursuits has been hospitalized following a suicide attempt. The Oakland County Sheriff’s Office says the 17-year-old boy has led them on chases in the past. Most recently, the boy has been charged with reckless driving and fleeing from a deputy who tried to pull him over for riding an unregistered motorcycle on July 21st. The chase reached speeds of 100 miles per hour on M-59, with the boy reportedly crossing the grass median at least twice attempting to lose his pursuers. The chase was eventually called off, but review of the in-car footage led deputies to identify the teen from previous fleeing and eluding incidents. He was arrested from his home and charged, but later posted bond. On Wednesday, the teen’s parents called police to report their son had tried to hang himself with a belt. The suicide attempt was unsuccessful, and the boy had left the home by the time deputies had arrived. They issued a be-on-the-lookout for the teen, who was eventually found at Spring Mills Elementary School. He was transported to Huron Valley Hospital for committal and psychiatric evaluation. He is scheduled for a probable cause conference in 52-1 District Court in Novi this Wednesday. (TD)
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