Opinion
Civil Action No. 77-71100.
September 15, 2005
NOTICE OF REQUEST FOR FURTHER BRIEFING
In anticipation of a settlement conference regarding the dispute over the allocation of repair costs for the collapse of the interceptor under 15 Mile Road in Sterling Heights, I asked the Detroit Water and Sewerage Department (DWSD) supply a number of documents that certain to the Extraordinary Repair and Replacement Fund. DWSD supplied many documents to my chambers on August 25, 2005, and I have since asked that these documents be filed so they are available to all parties.
This notice is to inform all parties that this Court will accept briefs regarding whether the Extraordinary Repair and Replacement Fund monies should be considered as a possible source of funds in the settlement discussions. Parties may wish to address the impact of the failure of the Oakland-Macomb interceptor on the initial creation of the Fund, any limitations on the use of the Fund created by ordinance, and whether the permissible timetable for replenishment of the Fund makes tapping it a practical option. (See Black Veatch (Standard) letter, December 4, 1981, at 10; Morgan Guaranty Trust (Altman) letter, November 14, 1980 at 2.)
In order to be considered, such briefs must be a maximum of 15 pages in length, and must be filed 21 days after the filing of the DWSD documents or of this Notice, whichever is later. Counsel are reminded to check the docket's attorney list when preparing their filings, as substantial corrections have been made in recent months.