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Update: State case against Café Rosetta is over

Update: The preliminary injunction against Café Rosetta was dissolved by Judge Wanda Stokes of Michigan’s 30th Circuit Court Wednesday. Combined with the actions from the Western Upper Peninsula Health District and MDARD, that paves the way for the restaurant to reopen for business.

Attorney David Kallman says Café Rosetta has sent over terms on a stipulated order to the office of Michigan Attorney General Dana Nessel. The two sides continue to be close, but not in complete agreement on a document that could be presented to Judge Wanda Stokes of Michigan’s 30th Circuit Court as early as today. Nessel is representing the Michigan Department of Agriculture and Rural Development.

Kallman says the restaurant has already passed a physical inspection from the agency, which allows it to have its business license reinstated. Café Rosetta also received a sign-off to rescind the cease-and-desist order that was issued by the Western Upper Peninsula Health Department.

The inspection was Thursday. They asked for a little bit more information, our client got it to them right away. I think that was pretty much done by Friday. And then it was real late in the day, I think, the county health department (WUPHD) lifted their cease and desist. It took both to do it, which was the issue. It wasn’t just MDARD.

Waiting on two agencies working on different timelines took longer than Kallman initially anticipated. Last Tuesday, he told Keweenaw Report he was hoping for a reopening within about 48 hours, or March 4th. He said his client won’t wait forever to wrap up negotiations with the AG.

If not, if we can’t get an agreement on a stipulated order, we’ll be filing a motion with the judge asking for an emergency hearing, so it might take another couple days before it gets lifted.

The stipulative order would dissolve the preliminary injunction against the restaurant, which is keeping it from getting back to serving patrons. Kallman hopes everything will be completed by late Tuesday. He is representing several restaurants who refused to comply with a second round of shutdowns ordered last November.

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