Barry County Drain Commissioner Jim Dull and the Watson Drain Drainage District are defendants in a Show Cause hearing in front of Judge Amy McDowell in Circuit Court Wednesday, May 29 at 9 a.m.
The Show Cause order was set in response to a complaint filed earlier this month by Upper Crooked Lake property owners, plaintiffs Robert and Sharon Ritchie, Michael and Sandra Golembiewski, David and Ann Skender, David and Leslie Bolton, Mark Nelson and Jill Sterling.
The hearing is for Dull and the Drain District to “show cause” why they should not be ordered to commence eminent domain proceedings of the plaintiff’s real properties within 14 days of a court order.
The property owners have homes adjacent to Upper Crooked Lake made uninhabitable by the rising lake levels because the drain commissioner replaced a culvert on Floria Road allowing water in the upper portions of Watson Drain District, Mud Lake and others, to enter Upper Crooked Lake which lacks a natural outlet, the complaint alleges.
In a relatively short time, the lake level increased from 922.75 feet to 927.5 feet above sea level.
During the “flooding crisis” Dull publicly posted his determination of the condemnation values of the plaintiff’s properties, the court record reads.
The complaint said Dull knew or should know that the flooding caused the effective “taking” of the plaintiff’s property and admitted that when he publicly posted the condemnation values. Those condemnation values of the homes are listed as: the Boltons, $171,800; the Skenders, $312,200; the Ritchies, $224,200; the Golembiewskis $219,800; Jill Sterling, $138,600 and Mark Nelson, $197,600.
“Despite admitting that Plaintiffs’ properties have been effectively condemned (but without the payment of just compensation) Defendants have failed to initiate eminent domain proceedings under Michigan’s Uniform Condemnation Procedures Act, being MCL 213.51, et al, etseq,” the record said.
While Dull and an engineering firm try to find solutions to the flooding, the property owners homes have become uninhabitable, and they can no longer live in them…so “the court must order defendants to immediately commence eminent domain proceedings by making a good faith order of just compensation,” according to court papers.
If one or more plaintiffs reject that offer, defendants must commence a condemnation action and escrow the amount of the good faith offer; the court will then order payment of the escrowed funds to plaintiffs so they can move and obtain new housing.
Dull said his only comment would be: “Its’ disappointing. Win lose or draw, it’s going to cost money.”
Michael Perry, with Fraser Trebilcock Davis & Dunlap. P.C. represents the homeowners.
Doug Kelly, attorney with Clark Hill P.C. speaks for Dull and the Drain District.
