Thursday, June 18, 2009

Malik loses Circuit Court appeal; local decision blocking his plans to develop Harsens Island Marina upheld

On 6.02.09, St. Clair County Circuit Court Judge Daniel J. Kelly, denied a Harsens Island land use appeal filed by Michael J. Malik, Sr.'s affiliates Lucky 7 Development LLC and Grand Pointe Development LLC, stating “…the decision of the Planning Commission was lawful and a proper exercise of discretion based on competent material and substantial evidence.” (See Court's Decision)

Lucky 7 Development had petitioned Clay Township for a Special Land Use variance for the Boys’ Club property where Malik wants to build a cluster housing development consisting of 348 units around a 60 acre lagoon/marina, and to cut and re-route a major roadway, North Channel Drive around his development. (See Site Map)

The Clay Township Planning Commission denied that request in February 2008 deciding that “… the proposed development was not in harmony with the existing and intended character of the general vicinity and that such a use would change the essential character of the area...”

In May 2008, Malik filed a lawsuit appealing the Planning Commission's decision.

In May 2008, Malik had petitioned the Michigan Department of Environmental Quality (DEQ) for a Marina Permit over the Harsens Island Boys Club property (File 07-74-0161-P). DEQ denied Malik's affiliates the permit on 8.19.08.

See detailed 15 page DEQ Application for Permits.

On 11.08.04, DEQ issued a Wetlands Assessment Report on the Harsens Island Boys Club property in response to a Wetlands Assessment Application made at the time by Malik and another of his affiliates MJM Enterprises & Development. (Federal lobbying disclosures reveal Malik's MJM Enterprises & Development has spent nearly $750,000 lobbying Capitol Hill on casino/gambling matters since 2003).

Malik first proposed developing a large-scale resort centered around a marina on Harsens Island property nearly two decades. A Detroit News headline dated 5.31.89 read: "RESORT PLAN DRAWS ISLANDERS' IRE HARSENS ISLANDERS VOW TO BLOCK PROPOSAL." (See other Detroit News Headlines related to Malik).

Lucky 7 Development LLC was originally established by members of Detroit's Ilitch family.

Malik and Mrs. Marian Ilitch are partners in various gambling and real estate affiliates with plans to build casino resorts in Michigan, New York and California. She owns Detroit's MotorCity Casino and along with her husband Mike Ilitch, they own the Detroit Red Wings and co-founded Little Caesars pizza stores. Mike Ilitch owns the Detroit Tigers.

For more than a decade, Malik (MJM Enterprises & Development/Blue Water Resorts) has bankrolled and spearheaded failed plans by the Bay Mills Indian Community (with a reservation on Michigan's Upper Peninsula) to build a casino resort near Harsens Island in Port Huron, MI.

Although a spokesman for the Ilitch family claims they have no financial interest in the Port Huron schemes, the Ilitch family supports Malik's plans and have contributed thousands of dollars to key Members of Congress who support Malik's plans. They have helped him lobby lawmakers in Lansing and Washington D.C.

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Ilitch has backed loosing sports teams and pizza, but casinos in Detroit? Forbes.com 10.09.06 ● Marian Ilitch #1 on "25 Most Powerful People" to Watch 2006” global gaming business o1.oo.o5 ● My Kingdom for a Casino Forbes 05.08.06 ● Big Lagoon’s casino dream awakens north coast journal 07.28.05 ● Shinnecocks launch legal claim to Hamptons land newsday.com 06.16.05 ● Ilitch Plans to Expand Casino Empire RGTonline.com 07.05.05 ● Ilitch outbids partners MichiganDaily.com 04.14.05 ● Ilitch enmeshed in NY casino dispute detnews.com 03.20.05 ● Marian Ilitch, high roller freep.com 03.20.05 ● MGM Mirage to Decide on Offer for Casino in Detroit rgtonline.com 04.16.05 ● Secret deal for MotorCity alleged freep.com 02.15.05 ● Los Coyotes get new developer desertdispatch.com 02.08.05 Detroit casino figure to finance Barstow project LasVegasSun.com 07.07.03 ● Indian Band trying to put casino in Barstow signonSanDiego.com 06.04.03 Pizza matriarch takes on casino roles detnews.com 10.23.02 ● Vanderbilt gets short straw in negotiations for a casino Lansing Journal 10.06.02 ● Indians aim to drive family from tribe in vicious dispute san diego union tribune 04.09.00 ●Malik owns 2000 Michigan Quarter Horse of the Year Michigan.gov 01.01.00 ● Detroit Team to run Michigan’s newest Indian casino detnews.com 05.23.99 Tiger ties tangle Marian Ilitch detnews.com 04.29.99 ● Three investors must sell their Detroit casino interests gamblingmagazine.com 04.25.99 ● Partners’ cash revived election; They say money was crucial to Prop-E detnews.com 04.25.99 Investors have troubled histories las vegas review journal 04.27.99 ● Investor served probation for domestic assault on 12 year old boy detnews.com 04.25.99 Can a pair win a jackpot?: local men hope to... crainsdetroit.com 03.17.97

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