Toll Bridge Condemnation Update

Since the initiation of the Township’s condemnation of the Toll Bridge one of the more speculated issues surrounding the litigation focused on the Township’s legal fees. I must admit that since becoming actively involved in Township government some sixteen years ago I have never seen such an expanse of notions and exaggerations surrounding the legal fees involved in this litigation. Over this period, even though the Township Board and I continually attempted to calm the concern in the community, the legal fees and costs took on gigantic proportions due to false speculations. During a Christmas function I heard that our legal bill regarding this litigation was $850,000 dollars while as late as this recent Monday, I received a correspondence where a resident indicated that he had heard at a New Year’s Eve function that Township legal fees were at $1.6 million dollars.

Even though it is clear that there are residents who are either for, or against, the condemnation action, the financials surrounding the litigation were firmly put to rest at our January 22nd Board Meeting. Over the last eighteen months there has been a constant concern raised by certain residents regarding what the total amount of legal fees had been incurred by the Township. In a cooperative arrangement with the Township’s legal firm Butzel Long, instead of billing the Township for the appellate work on the matter on a monthly basis (Court of Appeals and Supreme Court), it was agreed that a mutual cost for these services would be arranged sometime after the Township’s final filing with the Michigan Supreme Court in early 2007.

To that end, the Township reviewed the total potential Butzel Long legal fees and costs from November 7, 2005 to the present at one time. After a great deal of negotiations and debate, and with a fee cost savings of more than $15,000, it was agreed that the Township’s final legal bill with Butzel Long was $54,529.07. At our most recent Township Board Meeting, the Board approved this final payment to Butzel Long. Butzel Long in turn followed up this action by indicating in a letter sent to my office that “upon payment of attorney fees and costs in the amount of $54,529.07 that there will not be any balance owed to Butzel Long by the Township relating to the condemnation matter and that all attorney fees and costs related to this matter have been paid in full (see attached PDF).

With this final payment, the total legal fees and costs incurred by the Township in relation to the condemnation case is $299,830.71. You will find no Board member who is pleased in paying legal fees however, in light of the fact that this was an anticipated $10 million dollar revenue bonded project, the legal fees incurred in bringing this matter forward is roughly 3% of the total project. Additionally, by establishing a procedure as to how the Township Board proposed to pay Butzel Long, it created a $15,000 costs savings in the Township’s interest.

With legal fees totaling $299,830.71, and the recent order from the Supreme Court acknowledging the Township’s Claim of Necessity over the toll bridge, the longstanding speculation regarding legal fees has hopefully been resolved by the Township’s final payment of fees at its recent meeting. If, however, there are still outstanding questions by any resident please feel free to contact my office at 676.4422 ext 215 so that any outstanding issues can be factually discussed in detail.

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