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June 26, 2005Court urged to toss company's suitByRecord-Eagle staff writer MANISTEE - A lawsuit that alleges Manistee violated Tondu Corporation's civil rights when the city rejected a permit request for a power plant should be dismissed, according to two motions in the federal court case. The City of Manistee and intervening defendants Manistee Citizens for Responsible Development, Inc. and the Little River Band of Ottawa Indians both recently filed motions in Grand Rapids to have the case thrown out of court. Tondu is seeking millions in damages. In one court filing, Tondu estimated damages at $810 million - the money the company said it could have made if allowed to build the 425-megawatt, coal-fired power plant on the shore of Manistee Lake. A later filing revised damages to $59.5 million. "They don't provide an explanation for the disparity. It's just one more example of this guy's relationship with the truth," said Christopher Bzdok, attorney for the intervening defendants, referring to Tondu president and sole shareholder Joe Tondu. A message left seeking comment at Tondu Corporation was not returned. Tondu's attorney, Roger Myers, could not be reached for comment. Both motions for summary disposition argue the case does not belong in federal court because to prove a civil rights violation, a plaintiff must demonstrate they were treated differently than someone in a similar situation. Tondu must prove Manistee's rejection of its permit request in 2004 for what it dubbed the Northern Lights project was "extreme and irrational, with no legitimate public health, safety, and welfare purpose," according to the intervening defendants' motion. Bzdok said he believes the city's rejection of the permit was rational. Mercury and dioxin from the plant could have polluted the region's water, making fish unsafe to consume, putting populations that consume that fish, such as members of the Little River Band, at risk, he said. Tondu may not have been able to get approval to build the plant even if Manistee had issued a permit, Bzdok said. The Department of Environmental Quality may not have given the project approval because of environmental concerns and two public power agencies that planned to partner with Tondu in the project later determined the project was no longer viable, according to the intervening defendants' motion. See Related Stories: Manistee woes aside, Tondu eyes Indiana facility - June 26, 2005 Manistee vs. Tondu: Heading to federal court - February 25, 2005 Groups may stay in Tondu lawsuit - January 27, 2005 Tondu charges violation, bias in power plant denial - December 30, 2004 Tondu demands $810M - December 17, 2004 Tondu sues for $100M - July 16, 2004 Council wants Tondu to pay for plant review - July 8, 2004 Coal plant shot down - April 16, 2004 Planners set to pan plant - April 3, 2004 See Related Editorials: Tondu Corp. was always out for No. 1 - December 29, 2004 Tondu shows its colors by ducking bill, suing - July 21, 2004 Diligent homework exposes plant flaws - April 20, 2004
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