Let’s talk.
About five months after Flint Attorney Dean T. Yeotis filed a class action in the Seventh Circuit Court for a group of Village of Goodrich residents, along with three Genesee County businesses, charging four counts surrounding the village sewage system, drains and mill pond? a county judge has ordered mediation for the case.
Last month Chief Genesee Circuit Judge Richard B.Yuille ruled that all parties in the case gather with mediator Flint attoney Jeff Himelhoch.
‘Jeff was agreed upon by all parties to sit down and try to settle this before the case becomes very costly and aggravating,? said Thomas McKenney, village attorney.
‘Right now it’s still very early in the case and there’s still the process of discovery ongoing which include a lot of written questions.?
In addition, the original number of plaintiffs in the suit has been reduced from 19 residents to 17.
‘A plaintiff is now deceased and the family opted not to continue the suit, while a second planitiff withdrew,? added McKenney.
The four counts include sewage disposal system defect claims, unlawful taking of property as a result of damages caused by the sewer system, a negligence claim against the Goodrich Country Club regarding a culvert under Ridge Road used to provide irrigation for the golf course, and unlawful trespass of water claim against the Goodrich Country Club that caused damage. The suit claims the defendants failed to timely correct defective conditions with regard to the sewers, drains and the mill pond. The results of the defects caused damages to the plaintiffs? homes and businesses when untreated sewage and storm water backed up into their dwellings.
The parties have until June 2015 to meet, added McKenney.
‘It’s always a challenge in mediation when there are a lot of players,? he added. ‘But there are those cases that just cry out to settle before the case to go to court. The bottom line is no one thinks they got a good deal when it’s all over.?
Issues with the Goodrich area drains began about three years ago allegedly caused by the Wheelock & Watkins Drain. The agricultural drain, built in about 1897, encompasses a large section of the village, impacting about 100 residents. The old drain under the jurisdiction of Genesee County has been one possible cause of flooding of several residents? homes over the past few years.
The suit also claims the operation of the Goodrich Mill Pond and Dam have substantial defects, including a lack of routine maintenance, inadequate repairs and upgrades, misallocation of funding, inappropriate and untrained operational staff, a significant lack of capacity and negligent design.
The plaintiffs? series of complaints seek monetary damages in excess of $25,000. Judge Richard Yuille will hear the case.