City Attorney Anthony Chubb provided an update to City Council on Aug. 19 on the lawsuit brought by a group of citizens against the City of Northville, Hunter Pasteur Northville and Toll Brothers. In the case, Snyder et al v. City of Northville et al, the plaintiffs claim the defendants are not fully protecting citizens from health damages due to airborne construction dust, an oil spill, and other contaminants.
Wayne County Circuit Court Judge Muriel Hughes recently denied the plaintiff’s request for an injunction, which would have halted operations on the construction site. She stated there was no evidence that the plaintiffs were suffering from irreparable harm. In her statement, she noted the particulates in the sample tests were within EPA standards.
Chubb said her opinion noted there was little likelihood of success of the merits that claimed the construction site was 1) a public nuisance, 2) a private nuisance and 3) violated MEPA standards.
The city maintains that its oversight of the Downs construction site is consistent with law, policy and best practices. City Manager George Lahanas has said, “The city always prioritizes the health, safety and welfare of our residents and will continue to do so.”
The next phase of the lawsuit is discovery. Chubb told Council that could take one year or more.