|
| |
|
| |
|
|
|
October 21, 2004Two join city in Tondu suitCitizens' group, Little River Band addedByRecord-Eagle staff writer MANISTEE - The City of Manistee has help in a $100 million lawsuit it faces for denying a permit for a coal-fired power plant. U.S. Magistrate Judge Ellen Carmody ruled in favor of motions to intervene filed by the Little River Band of Ottawa Indians and the Manistee Citizens' for Responsible Development. Manistee Salt Works Development Corp. sued the city for $100 million in July after it refused to approve a special use permit for the plant proposed along the shore of Manistee Lake. The company is owned by Tondu Corp. Christopher Bzdok, attorney for the citizens group and tribe, said he was pleased with the decision. "Our attempt is to show that the case has no merit, that it's a $100 million threat against the city," Bzdok said. Tondu attorney Rodger Kershner said his concern is the new defendants could be spoilers if the city opted to approve the power plant as part of a settlement. "We still don't believe that either the Indians or the citizens' group have any legitimate interest in those issues that are really going to be before the court," Kershner said. Attorney Michael Bogren said the city originally opposed the motion to intervene from the citizens' group and band out of concern that the case could become more complicated with too many defendants. But he said the city and co-defendants are on the same side of the issue. "I don't anticipate that we're going to be at odds with one another," he said. In her decision, Carmody wrote that the citizens' group and Little River Band had a substantial legal interest in the case and that attorneys for Manistee may not adequately defend their interests. "The city initially favored the development of plaintiff's plant and expressed optimism that the plant could provide a boost to the local economy and create new local jobs," Carmody wrote. "In contrast, (the citizens' group and the band) have consistently opposed the operation of plaintiff's plant." Carmody ruled against a motion to intervene from the Sierra Club, saying it does not have a specific interest in the case and, unlike the other two groups, was not involved in opposing the plant during the permit process.
|
|
