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December 1, 2005Sewer battle may head to court if moratorium is rejectedDelay sought to test the existing sewer systemsNORTHPORT - Opponents of a new Northport sewer system appear ready to take their argument to court."We tried to put our cards on the table," said Chuck Carman, a village resident who urged officials at a public hearing Tuesday to halt the project pending further research. "The freight trains keep roaring down the tracks." Carman is among a group of residents who oppose plans for a public sewer that would cost an estimated $11.8 million and require hookup of parcels in the village of Northport and areas of Leelanau Township north and south of the village. Supporters tout a municipal sewer's environmental and economic benefits, but foes challenge officials to show proof that the project would realize those goals. Opponents also fault the petition process officials used to poll property owners included in the proposed special assessment district. Carman asked village and township officials at Tuesday's hearing to enact a project moratorium until they test to pinpoint pollution from on-site wastewater treatment systems and bring forth a tailored solution for voter approval. Eric C. Lewis, a Muskegon attorney hired by Carman and several other opponents, sent a letter to the village and township last week outlining the legal grounds on which they would file suit if officials did not heed their moratorium request. It cites a 1998 Michigan Supreme Court decision that held the city of Lansing's service fees for a sewer project constituted a tax that could not be imposed without a vote pursuant to the state's Headlee Amendment. Carman predicted a lawsuit could be filed within a week if officials failed to delay the project. Jim Neve, Leelanau Township supervisor, said the township and village councils voted Tuesday to proceed with the project and approved resolutions establishing the special assessment district. "I personally am not particularly concerned about it," Neve said of a lawsuit threat. "We rather anticipated there would be a lawsuit filed, but we anticipate the project would withstand the legal challenge." See Related Story:
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