OTTAWA COUNTY — The Michigan Court of Appeals declined Thursday morning to reverse a circuit court judge’s decision denying a temporary restraining order that would have prevented the Ottawa County Board of Commissioners from paying out $850,000 in controversial severance agreements and contracts.

Read More: Judge won't halt payouts to Ottawa County contracts, emergency appeal filed

Grand Rapids-based attorney Sarah Riley-Howard filed for a temporary restraining order Dec. 16 that would have prevented a pair of separation agreements with the county’s interim administrator and administrative executive aide — that exceed $280,000 — claiming the county board violated Michigan’s Open Meetings Act in multiple ways. 

Included in the filing also was a challenge to the validity of a contract for $563,000 the county approved to pay Chester Township to perform remediation on Crockery Lake.

Read More: Ottawa County approves $563K contract to restore Crockery Lake as process faces criticism

Howard filed an appeal on Wednesday, Dec. 18, the same day Kent County 17th Circuit Court Scott A. Noto denied Howard's motion with no explanation.

On Thursday, the COA declined to reverse Noto’s decision, saying the motion failed to “persuade the court of the existence of manifest error requiring reversal and warranting peremptory relief without argument or formal submission.”

“Manifest error” refers to when a court or judge makes a mistake in their judgment or order, such as a ruling that is clearly incorrect. 

Howard said although she was disappointed in the decision, the lawsuit challenging the agreements will still move forward.

Read More: Howard challenges legality of severance agreements, Crockery Lake contract

“It’s always difficult to obtain an injunction when it’s the payment of money at stake,” she said. “Courts are usually convinced that if a party paid money and shouldn’t have, the other party can always be ordered to pay it back later.”

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The OI majority has indicated it intends to "fix" the Open Meetings Act violations by amending the severance agreements and revoting in an open meeting, which is scheduled for 9 a.m. Thursday, Dec. 19.

Both employees allegedly told commissioners they would pursue legal action against the county if they didn’t receive agreements, according to multiple sources with firsthand knowledge of the matter.

Documents released by the county on Dec. 16 through a Freedom of Information Act request confirmed that Wetmore will receive one year of pay, which is $175,000, which is subject to taxes and withholdings; he will not receive health insurance beyond his separation date of Jan. 1, 2024. 

Epperson will receive five months of pay ($33,974.20) as well as five months of insurance benefits. He also will receive a lump-sum payment of $75,000, which is not subject to tax and withholdings. Not including the cost of benefits, Epperson will receive $108,974.20; his employment also will end Jan. 1.

The Crockery Lake contract was not on the agenda.

— Contact Sarah Leach at sleach@ottawanewsnetwork.com. Follow her on Twitter @ONNLeach.