03/25/2006

Judge flushes sewer lawsuit

Plaintiffs plan to take case to tax tribunal

bY Christine Finger

cfinger@record-eagle.com

LELAND — A judge dismissed a lawsuit filed by opponents of a municipal sewer system in Northport.

Sixteen residents who oppose a planned municipal sewer filed suit in December against the village of Northport and the village council, as well as Leelanau Township and the township board.

The suit sought reversal of village and township officials' votes to approve a special assessment district and a court order barring the municipalities from collecting special assessment payments. The plaintiffs also asked the court to declare the special assessments unconstitutional and argued that because the sewer will benefit the general public, it should be funded through a tax that requires a ballot-box vote.

Attorneys for the village and township filed a motion seeking dismissal of the case, arguing the matter was not within the circuit court's jurisdiction and should be addressed by the Michigan Tax Tribunal.

13th Circuit Court Judge Thomas Power granted the defendants' motion to dismiss after a Thursday hearing.

Northport resident Charles Carman said he and fellow plaintiffs intend to take their argument to the tax tribunal and, if possible, appeal in circuit court. The tax tribunal recently refused the plaintiffs' first challenge, stating that it was premature because they had not yet received tax assessments and that each taxpayer must individually file a complaint.

Leelanau Township supervisor Jim Neve said the municipalities are pleased with the court's ruling.

Opponents of the sewer project also spearheaded an effort to recall Northport village president Michael Rogers Sr. and trustees William Brendel, Richard Burmeister, Steven Mattson, Fredrick Thomas, Stephen Wetherbee and Barbara VonVoigtlander. A recall election will be held May 2.