Author Topic: Whitman Lawsuit  (Read 40380 times)

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Offline a2zaw4

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Re: Whitman Lawsuit
« Reply #150 on: February 02, 2011, 07:38:55 PM »
When this all happened from the beginning I was against having a BIG BOX store in the community, as it will stress out our LEO and FIRE people, when it went to the first court I was pleased, Jon does have the right to appeal and he did and he got the zoning he wanted, there is a mountain of legal fees to be paid, do we stop now and just live with the fact that we may have a big box in the future or do we continue to fight? If the economy was in much better shape I say stay in the fight and keep our community SMALL, but I think the time has come for us residents to accept the BIG BOX theory and move on.


Offline OnTheRun

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Re: Whitman Lawsuit
« Reply #151 on: February 02, 2011, 07:51:10 PM »
My opiinion, I don't think there will ever be a big box coming to Bedford.  In the very beginning if you looked at when this started, 2002, Whitman did approach Walmart but I don't think anyone would be interested in the parcel because it is too small to put a big box with parking.  He had MCC property, but the family donated that to MCC to building their off site campus.  If not for that, then there would have been plenty of room for a big box store.  I personally don't think we need to worry about this type of business coming into our community.

Offline Kantup5

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Re: Whitman Lawsuit
« Reply #152 on: February 02, 2011, 08:31:02 PM »
Danielle,

The next time you talk to Walt you might ask him how much money the township spent on the Albring Farms rezoning lawsuit. The township lost after a 3 day trial in Monroe Circuit court and did appeal that decision to the Court of Appeals where they lost again. If Whitman's trial cost $190,000 so far before appealing then the Albring trial and appeal must have cost at least as much if not more. Walt might tell you that the insurance company paid for most of it but local counsel was involved at every step and the insurance company surely did not pay for them.

Kantup5

The township's insurance did not pay a dime this time...nor the next...

2012
The insurance company did not pay anything this round with Jon Whitman nor will insurance pay for an appeal this time. The Albring lawsuit was indeed payed mostly by insurance but Lennard and Grahams fees were not payed by the insurance. There was still a massive bill from Lennard for the Albring case which the township should have and did lose.

Kantup5

Offline 2012Bedford

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Re: Whitman Lawsuit
« Reply #153 on: February 03, 2011, 09:17:54 AM »
Danielle,

The next time you talk to Walt you might ask him how much money the township spent on the Albring Farms rezoning lawsuit. The township lost after a 3 day trial in Monroe Circuit court and did appeal that decision to the Court of Appeals where they lost again. If Whitman's trial cost $190,000 so far before appealing then the Albring trial and appeal must have cost at least as much if not more. Walt might tell you that the insurance company paid for most of it but local counsel was involved at every step and the insurance company surely did not pay for them.

Kantup5





The township's insurance did not pay a dime this time...nor the next...

2012
The insurance company did not pay anything this round with Jon Whitman nor will insurance pay for an appeal this time. The Albring lawsuit was indeed payed mostly by insurance but Lennard and Grahams fees were not payed by the insurance. There was still a massive bill from Lennard for the Albring case which the township should have and did lose.

Kantup5

Interesting...so do you think the township has spent in the last 6 years 350-500K on legal and cost associated with.

Offline Kantup5

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Re: Whitman Lawsuit
« Reply #154 on: February 03, 2011, 10:43:52 AM »
Don't forget the first round or two with Whitman. With their planner costs and local counsel costs , yes, I would say close to $500,000 has been spent in the last 3 or 4 years on the Albring and Whitman lawsuits

Offline KeepItPositive

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Re: Whitman Lawsuit
« Reply #155 on: February 03, 2011, 11:50:47 AM »
Don't forget the first round or two with Whitman. With their planner costs and local counsel costs , yes, I would say close to $500,000 has been spent in the last 3 or 4 years on the Albring and Whitman lawsuits


Some of these costs had to be spent as the township was a defendant in a civll suit and had to pay to defend actions including township residents' votes.  However, if the board decides to appeal this court's decision, the township will incur more cost.  I am not in favor of that and say let it go!

Offline Bedford News

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Re: Whitman Lawsuit
« Reply #156 on: February 03, 2011, 04:33:48 PM »
New documents have been added to the Whitman Lawsuit page.

1.  Comments from Fire Chief John Bofia: see #9 under “Additional Documents”
2.  Newspaper articles from the 1st trial in 2007 February 2nd & 9th: see section “Reasons for Filing Lawsuit” (go to bottom of page).

Here is the direct link: http://www.bedfordyes.com/WhitmanLawSuit.htm

brighton11

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Re: Whitman Lawsuit
« Reply #157 on: February 03, 2011, 05:25:54 PM »
Again thank you Bedford News. after reading that I do believe John Bofia's point went right over Judy Frankowski's head. The way I read it he is saying if they can handle the fire that would be HUGE at the tire co. (on Crabb Rd) they surely could handle a big box store fire. And she don't think it's appropriate to put up the WalMart picture??? Well wasn't it Bedford Watch that came up with No WalMart signs that sprung up up & down Lewis Ave.?

Offline 2012Bedford

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Re: Whitman Lawsuit
« Reply #158 on: February 05, 2011, 09:59:47 AM »
I believe that the township has 14 days to file the appeal.

If the board votes on this matter, I would like to know who voted what...It will make a tremendous sway who gets voted back in 2012 and who does not.

REASON: BOARD MEMBERS VOTING TO APPEAL DO NOT HAVE THE BEST INTEREST OF THE MAJORITY OF THE COMMUNITY AT HAND IF THEY VOTE TO APPEAL.
OR
THEY ARE GO-ALONGS,,, PEOPLE I WOULD NOT VOTE FOR AGAIN.  THERE ARE A FEW THAT ARE GO-LONGS...AS YOU ALL MAY KNOW.

brighton11

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Re: Whitman Lawsuit
« Reply #159 on: February 05, 2011, 10:40:09 AM »
Danielle said they have 21 days to appeal as of Fri. the 29th tho the stamp on the paperwork said the 28th. Also don't know if that includes the weekends (Sat) or not. They are going into close session before the regular meeting on the 15th. with the att. (who is getting good money so why would he say no to an appeal). Hopefully they vote that night.

Offline New Guy

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Re: Whitman Lawsuit
« Reply #160 on: February 05, 2011, 03:19:41 PM »
Danielle: Great job of getting the information concerning the costs of the Whitman Lawsuit and putting them on here.  I ran your info by some people who have been involved in a number of civil lawsuits and they think that the estimate on the cost is quite low.  One person said if you got the attorney to handle the trial defense for $30,00, you got a bargain.  Several people said you should ask if the township has figured the following costs into the total bill:

1.  The cost of lost time by government officials. How many hours did the Supervisor, Clerk, Planning Director, Trustees and their staff spend on research for the trial.  For example, how many hours did they spend on the phone and in-person with residents and others who wanted to discuss the lawsuit? How about all the research that had to be completed going over prior zoning decisions?  How about discussions with other experts? 

2.  What about copying costs?  Volumes of paper work had to be produced and copied in preparation for the depositions and trial.  Who did all of that work?

3.  Do the attorney costs include the hours spent by the attorneys discussing and researching with township officials to decide if the township should even go to trial?

4.  Does this include all the cost of putting on the referendum vote and all the time that was spent by Township officials on it?  Didn’t it cost about $9,000 to put that on?

I am sure that I have not thought of everything but a least this is a start.  Thanks again!  Keep up the good work!  By the way, were you and other members of the press at the Township Board meeting Tuesday night?  If so, were you surprised that the Township board did discuss the issue of the appeal when it was stated in the paper that they were not going to discuss it?



brighton11

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Re: Whitman Lawsuit
« Reply #161 on: February 05, 2011, 05:19:27 PM »
I for one do not believe the attorney fees, I'd have to see that in black & white. I say that because I have been thru a court case over an ins. claim. Take all the "extras" out of the equation, just the math on the attorney fees was crazy and that was for 2 yrs. This has been going on for 3 times that. Depositions alone are astronomical, and we only had a few. Sooo, I don't believe it. Mr. Goldsmith would have to be working at rock bottom, or billing from under the rock for that matter.

Offline Bedford News

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Re: Whitman Lawsuit
« Reply #162 on: February 06, 2011, 06:42:20 PM »
Additional Information has been added to the Whitman Lawsuit page on the Bedford Yes web site:

1.  Under the section “Current Zoning Map” a list of current Bedford Township Zoning Classifications and a brief overview of each classification has been added along with a newspaper article on zoning perceptions.

2.  Under “Additional Documents” 3 new documents have been added. # 10, 11 & 12

3  Under “Reasons for Filing Lawsuit” added a newspaper article concerning the request by Bedford Watch to the Bedford Township Planning Commission for a proposed amendment to the zoning ordinance that would have limited structure size.

4.  Added a new section called “Other Bedford Township Lawsuits and Miscellaneous Information” Added information concerning the Bedford Partners lawsuit against Bedford Township under this section.  Also added under this section  is a Monroe Evening News Editorial June 9, 2007: "Bedford is risking too much with appeal"

Here is the direct link:

http://www.bedfordyes.com/WhitmanLawSuit.htm

Offline New Guy

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Re: Whitman Lawsuit
« Reply #163 on: February 08, 2011, 03:33:08 PM »
Danielle: I just read the latest information posted to the Bedford Yes site on the Whitman Lawsuit page.  One thing that peaked my interest was the newspaper articles concerning the Bedford Partners lawsuit against Bedford Township over the re-zoning of the Albring property on Erie Road.  According to the information that was posted Bedford Township lost both the original trial and the appeal to the Michigan court of appeals.  I know that you checked with Walt Wilburn concerning the amount that the township spent on the Whitman lawsuits but can you also ask him for the amounts that were spent on that lawsuit and appeal on the Bedford Partners case?  Thank you in advance.



Offline Sameold Sameold

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Re: Whitman Lawsuit
« Reply #164 on: February 09, 2011, 10:18:11 AM »
In Bedford it all about your standing in the community and who you know.
The township just did not like the Bedford Partners eventhough their proposal was well thought out. Then again The subdivision on the North side of Temperance next to the tracks was first rejected when proposed by PTL but then approved when Huner made the same proposal. Go figure.

The land locked nursing home behind Kroger's was approved by the township with NO road frontage. Could it be because the owner was a Bedford trustee at the time.