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December 16, 2005Sewer opponents file suit against village, townshipThey want proposed project stoppedNORTHPORT - Sixteen opponents of a proposed Northport sewer system filed a lawsuit to halt the project.The six-count complaint filed Wednesday in Leelanau County Circuit Court targets the village of Northport and the village council, along with Leelanau Township and the township board. The suit is backed by 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. The plaintiffs are Charles Carman, Carol and Darryl Eichstadt, Thomas and Theresa Gremel, Donna and John Groomes, John and Realpha Kutilek, William Monaghan, David and Irene Nelson, Heidi Ross, Ronald Schobel, Christine Verdon and Susan Wilson. Carman said residents opposing the sewer gave officials a chance to avoid a lawsuit by twice requesting a moratorium on the project, which supporters argue carries environmental and economic benefits. "We had to file because we were deceived by the village council," Carman said. The suit seeks reversal of village and township officials' Nov. 29 votes to approve the special assessment district and a court order barring the municipalities from collecting special assessment payments. The plaintiffs also ask the court to declare the special assessments unconstitutional and argue that because the sewer will benefit the general public, it should be funded through a tax that requires a ballot-box vote. The complaint echoes central themes in recent debate about the sewer project - including arguments that village and township officials failed to adequately study need and feasibility before proceeding with the sewer project and manipulated the petition process used to poll property owners in the special assessment district. John Kutilek also filed recall petitions Nov. 22 against seven Northport village council members citing similar complaints about the sewer plan. Jim Neve, Leelanau Township supervisor, said officials anticipated a lawsuit but are confident the sewer project will withstand the challenge. "We'll be turning it over to our legal counsel to respond," he said. See Related Stories:
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