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Monday, July 7, 2008

Riverview

Appeal of bridge ruling faces vote

Court dismissed city's suit against Grosse Ile Bridge Co. over costs incurred during closing.
Tanveer Ali / The Detroit News

RIVERVIEW -- The City Council is expected to vote today on whether to appeal a court ruling that threw out its lawsuit against the Grosse Ile Bridge Co. seeking reimbursement for costs incurred while a county-owned bridge was shut down for repairs.

The city sought more than $71,000 for traffic control and police overtime costs in 2004 and 2007 when one of the two bridges to Grosse Ile Township was closed, causing backups in Riverview, city officials said.

While the company argued it has paid the city through taxes, the lawsuit claimed the company was negligent in adjusting operations to handle the situations.

"That was an unusual ongoing situation in which we were protecting a private business that makes millions of dollars," said Mayor Tim Durand.

A Wayne County Circuit Court judge on June 13 threw out the ruling, agreeing with the defense's argument that Riverview cannot charge the company for policing costs because those services were not provided for the direct benefit of the company.

On average, only 25 percent of cars going in and out of Grosse Ile take the toll bridge when both bridges are open, said Greg Karmazin, spokesman for the bridge company. To ease traffic problems, the company implemented a pass system, with users being charged $1 rather than the cash fee of $1.50. Policing duties remain the responsibility of the municipalities, Karmazin said.

"The bridge company pays a significant amount of taxes every year," Karmazin said. "We would hope that the city would use those funds to serve all businesses."

The law firm handling Riverview's case is co-owned by Kurt Kobiljak, the Grosse Ile Township supervisor who, Karmazin points out, led a failed bid by the township to seize the bridge by eminent domain in 2003. While Kobiljak said he is not involved with the Riverview case and the lawsuit is being run by his partner, Karmazin said there have been eight lawsuits against the company brought by either municipality.

"It seems there is an axis of litigation between Riverview and Grosse Ile against the bridge company," Karmazin said.

You can reach Tanveer Ali at (734) 462-2094 or tali@detnews.com.