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Form 8082 for Detroit Michigan: What You Should Know
No evidence is presented by the Plaintiff that any of the water services were damaged or destroyed. The amount of damages is, therefore, in dispute. No evidence of such damages is presented by the Plaintiff which would enable the Court to infer a violation of the Michigan Safe Drinking Water Act or of any other Michigan Law applicable to water service lines. The Plaintiff is not in possession of relevant and reliable information that could be utilized to demonstrate that the existing water connections are not in a condition in which the water is in any way contaminated and which would allow the Court to presume that there is evidence of improper connections and contamination that would permit a finding of a violation. The existing water service connection and facilities are not, therefore, capable of being used to discharge pollutants and harmful nuisances that may have contaminated the water. Therefore, a finding of violation is not allowed and, therefore, as a matter of state law, the Water Services Line has the same ownership, right, or authority that is held by any property, structure, or easement owned, controlled, or operated by the municipality or any private owner or user in order to conduct any commercial activity on the surface or above ground. The Township (the governing body of the City of Detroit) or the City of Detroit shall be responsible for the maintenance and operation of the Water Services Line and shall make payments as required under this Title. The City of Detroit, through the Township, shall be responsible for the use of the Water Services Line and the payment of the service rates, fees, and charges. The Township shall retain the right to control, maintain, and operate the Water Services Line, including, without limitation, maintenance and operation of each building, structure, or easement owned or controlled by that Township. To date, the owner of the Water Services Line is the Township. This is the notice of the filing of a petition in circuit court. (Please see attached “Notice”) This case is being brought against the Township and the City of Detroit pursuant to Article VIII, Title 11, Sections 16-714 and 16-715 of the City of Detroit Code of Ordinances. The Township is represented by Matthew P. Davis of the Michigan Municipal Lawyers Section. A summary of the case will be provided in a separate e-mail upon receipt of the final order. The e-mail will contain information concerning the amount of the order and a summary of the issues discussed in the proceeding.
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