A lawsuit challenging the Northport sewer system based on the Michigan Environmental Protection Act (MEPA) will go to trial following a decision this week in 13th Circuit Court.

Judge Thomas G. Power on Monday denied a motion for an immediate decision from the bench to dismiss a lawsuit filed last spring by The Leelanau Forum and a couple who owns 10.6 acres adjacent to the location of the wastewater treatment plant.

Plaintiffs Robert and Jeanette Hunt allege that discharge from “poorly treated wastewater” from the system into the groundwater below their property would pollute the waters in violation of the MEPA.

Also bringing suit against the Village of Northport and Leelanau Township is The Leelanau Forum, a citizen’s group.

The Forum is challenging the state Department of Environmental Quality’s issuance of a “finding of no significant impact,” which states that the discharge of treated wastewater as prescribed in the permit would have no adverse impact on the environment. The group has argued that residual chemicals from pharmaceuticals flushed into the system would enter the groundwater through the treated wastewater.

No trial date has been set.

The judge postponed a decision on “declarations of taking” filed by the Village of Northport against the owners of property for which easements have been sought to complete the controversial $15 million-project as proposed.

Village officials are seeking to take the property of owners, whose land comprises six of the 10 easements needed along South Shore Drive, the former right-of-way for the Manistee and Northeastern Railroad.

The property owners have hired Traverse City attorney Chris Bzdok of Olson and Bzdok to represent their position. In court Monday, Bzdok argued that there is no need for the property for which easements are sought. He pointed out that, originally, it was planned to have the sewer line run down M-22 within the public eight-of-way.

Attorneys for the village argue the expense of running the sewer line along the state highway would add some $400,000 to the project, which has more than doubled in expense since its inception.

A decision on the condemnation could come later this month, Power said.