A lawsuit brought by the Flint City Council against Emergency Financial Manager Ed Kurtz was dismissed in a Genesee County court on Thursday.

According to MLive, Circuit Judge Geoffrey Neithercut said the Genesee County court "doesn't have jurisdiction to remove the emergency financial manager." Kurtz was appointed by a state board.

Attorney Glenn Cotton said that he was told by the judge that decision would have to come from the Court of Appeals.

Council members had argued they weren't afforded due process under Public Act 72. Kurtz was appointed under PA 72 when Public Act 4 was suspended. The Michigan Attorney General's Office had issued a ruling afterwards saying that PA 72 would go back into effect while PA 4 was suspended.

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