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G-A to sue Consumers over downed power line response

Glen Arbor Township is taking a hard line when it comes to its cost recovery ordinance.


The Township Board voted 4-0 Tuesday night to file a lawsuit against Consumers Energy for more than $5,000 in costs incurred by the township to respond to downed power lines more than a year ago.

According to correspondence between township attorney Dick Figura and the utility’s damage claims representative, Charles T. Fraser, the township has billed Consumers $5,339.25 through its cost recovery ordinance, which was adopted in 2005. The ordinance charges non-township residents and utilities for responses by the fire/rescue department for everything from false alarms to downed utility lines. A life/safety issue, the township fire department is obligated to respond to downed power lines to ensure that motorists and passersby aren’t injured. Township officials, not wanting taxpayers to foot the bill for the “standby” time, established the ordinance to recover costs.

Consumers’ policy conflicts with the township ordinance and as a result, the utility has offered to “settle” the claim for $4,731.21.

There was no hesitation by board members as they authorized township Supervisor John Soderholm to pursue, with Figura’s help, collection of the money owed to the township.

In other business during the 2 3/4-hour meeting, board members:

• Set the date for the Annual Meeting of township inhabitants for March 29 and agreed to continue holding their regular monthly meeting the third Tuesday of each month.

• Set special meeting dates for Jan. 30 and Feb. 13 at 3 p.m. to begin preparation of the 2008-09 budget.

• Set a special meeting at 7 p.m., Feb. 18 for the public to hear the results of the nearly completed reassessment of township properties.

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