Wexford Co. immunity argument going to appeals court

CADILLAC — A Wexford County Circuit Court ruling is being appealed by the county government.

Wexford County, its landfill and its Department of Public Works are being sued by a group of Cedar Creek Township residents.

The lawsuit alleges that groundwater contamination from the landfill has negatively affected their property values. The case cites seven counts against the three parties.

On Aug. 20, the county’s attorney Dean Altobelli argued that six counts should be dismissed by reason of governmental immunity.

The defense argued the county should not have governmental immunity because of the way landfill operations have been conducted and the use of landfill money to fund courthouse bond payments.

In his ruling, Judge David Hogg did not side with either side in his ruling.

“...Further factual development is both possible and necessary to determine if governmental immunity otherwise applies,” Hogg wrote in a six-page ruling. “The court is not persuaded by the self-serving affidavits filed by the County or by the snippets of public hearing records attached to the Plaintiffs’ briefs.”

Altobelli filed his appeal on Sept. 14. The court of appeals requested a lower court transcript on Oct. 3. According to the court file, the record will be provided by Dec. 3.

Meanwhile, the specifics of the case are beginning to take shape.

The plaintiffs’ attorneys filed a witness list that includes 74 lay witnesses. However, that number is deceptive as it calls for all Wexford County commissioners past and present, all county and landfill employees and all Cedar Creek Township officials.

Additionally, there are five expert witnesses listed and 40 exhibits.

The two sides are scheduled to meet in court next at 3:30 p.m. Monday.

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Wexford County appeal

Wexford County is appealing a lower court decision with the Michigan Court of Appeals.

The ruling said not enough factual evidence was presented to dismiss six of seven counts brought on by Cedar Creek Township residents.

The county argued that governmental immunity should apply.

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