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Alma fitness center seeking COVID closure payback plans appeal to high court

An Alma fitness center closed for months during the pandemic plans to appeal to the Michigan Supreme Court in a bid to be repaid by the state for time the facility spent closed under Gov. Gretchen Whitmer’s executive orders.

The gym’s lawyer, Philip Ellison, said the fitness center will file a speedy appeal after a three-judge panel on Thursday dismissed the case in the state’s favor. 

“While we’re very appreciative of the three-judge panel making a very thorough decision, they reached the wrong result,” Ellison said. 

The appellate panel granted the state’s request for summary disposition or a dismissal of the case, ruling that The Gym 24/7 Fitness LLC could prove neither a permanent taking of its property nor evidence that the executive orders were an abuse of power. The decision overturned a prior Court of Claims decision that had denied the state’s request for dismissal.