The U.S. 6th Circuit Court
of Appeals declined to hear a
challenge to a city program
requiring the installation of
sump pumps in residents’ homes,
ending the fourth such lawsuit
Ann Arbor has faced over the
initiative.
A 2001 ordinance established
the Footing Drain Disconnection
Program
to
alleviate
storm
water drainage problems, and
while
the
city
reimbursed
homeowners for the cost of
the renovations, the residents
claimed in the lawsuit the city’s
program was unconstitutional.
They
referenced
the
Fifth
Amendment’s Takings Clause,
which bars the seizure of private
property for public use without
just compensation.
City
Attorney
Stephen
Postema said in a statement the
city’s program was not a
“taking” under state or
federal law and the cases
brought against Ann Arbor
were groundless.
“The U.S. 6th Circuit
Court of Appeals ruled
that this federal case was
without any factual or legal
merit,” Postema said. “…
As has been true from the
start, the City’s Footing
Drain Disconnect Program
does
not
constitute
a
taking under the Michigan
Constitution or the federal
Constitution.
None
of
this
litigation
should
have ever been filed. The
City
Attorney’s
Office
will
always
vigorously
defend the city from such
lawsuits.”
Circuit
Judge
Alice
Batchelder
wrote
the
opinion
affirming
a
previous
decision
by
District
Court
Judge
Stephen J. Murphy III
to
dismiss
the
case.
Batchelder
wrote
the
residents
were
barred
from
bringing
federal
claims that were fundamentally
equivalent to the ones thrown
out in state court.
“Issue
preclusion
bars
subsequent litigation of the
federal
takings
claim
after
litigation of the state takings
claim on the merits,” Batchelder
wrote.
In 2000, City Council passed
an
ordinance
mandating
residents install sump pumps
after
rainstorms
flooded
basements
with
sewage.
In
addition to causing residential
backups,
the
storm
water
caused problems at the sewage
treatment
plant,
sometimes
resulting
in
overflow
being
discharged into the Huron River.
The FDDP sought to deal with
those issues by disconnecting
footing
drains
that
mixed
sewage and storm water, using
instead sump pumps to reroute
the rainwater to the city’s storm
water drainage system and away
from the sanitary sewer system.
The FDDP has been the subject
of multiple lawsuits brought by
residents. A 2014 complaint filed
on behalf of homeowners Anita
Yu, John Boyer and Mary Raab,
who went through the program
in the early 2000s, alleged the
FDDP amounted to the unlawful
taking of private property in
what the plaintiffs claimed was
the absence of due process or just
compensation.
According to the complaint,
MEDICINE, EMPIRE, & RACE IN THE ROMAN WORLD
ON THE DAILY: FOUR MICHIGAN CITIES RANK WORST IN US FOR BED BUGS
THIS WEEK IN HISTORY: LAWMAKERS AGAIN TO CONSIDER AMENDMENT
TO LOWER VOTING AGE
If you live in Detroit, Grand Rapids,
Lansing, or Flint, you may want
to inspect your mattress tonight.
According to Orkin Termite Treatment,
these cities rank among the worst in
the United States for bed bugs.
The data is based on the number
of treatments Orkin performed in
metro areas from December 1, 2017
to November 30, 2018. The ranking
includes
both
residential
and
commercial treatments.
Detroit and Flint both displayed
progress, moving down from their
2018 rankings. Detroit ranks number 8,
which moved down from spot 7 in 2018,
while Flint has moved down the ranks
considerably, placing 47 after holding
spot 36 in 2018.
Grand Rapids has moved up the
ranks, placing at number 20 after
holding spot 23 in 2018. Lansing ranks
32 after being unranked in 2018.
Nationally, Baltimore takes first place
in Orkin’s ranking with Washington
D.C. taking second.
“Bed bugs are the number one urban
pest in many cities today,” Chelle
Hartzer, an Orkin entomologist, told
ClickOn Detroit. “They are master
hitchhikers, so no one is immune.
Sanitation has nothing to do with
prevention: from public transit to five-
star resorts, bed bugs have been and
can be found everywhere humans are.”
Luckily, according to Orkin, there are
steps homeowners can take to prevent
bed bug invasions. Inspecting places
where bed bugs tend to congregate
during the day, such as mattress
tags and seams, headboards, behind
baseboards,
electrical
outlets
and
picture frames, is an important first
step to identifying if you have a bed bug
problem. Don’t let the bedbugs bite.
January 13, 1970
In what has become an
annual
affair,
the
State
legislature will again consider
placing on the November ballot
a
constitution
amendment
which would lower the voting
age to 18.
Rep.
Jackie
Vaughn
III
(D-Detroit)
said
yesterday
he plans to introduce the
amendment proposal by the end
of the month. The Legislature
reconvenes tomorrow.
The proposed amendment
was defeated both times it
was placed on the ballot by the
Legislature. The last time it
was on the ballot in 1966, the
amendment lost by a vote of
1,270,000 to 703,000,000.
Vaughn
predicted
the
amendment proposal would
be able to muster the 2/3
majority
in
both
houses
which is required to place an
amendment on the statewide
ballot.
However, other supporters
of the proposal were less
confident. “It’s going to be
a tough fight,” said House
Speaker
William
Ryan
)
D-Detroit), who supports the
proposal.
Sen. Roger Craig (D-Detroit)
said he believed the amendment
proposal would get through
the House but not through the
Republican-controlled Senate.
Craig
said
many
state
legislators were in favor of the
18-year-old vote in principle,
but felt it was useless to placed
amendment
on
the
ballot
which the people appeared not
to favor.
The legislators who support
the amendment believe it has
a better chance at the polls
this November. Craig said the
campaign will be aided by
the
increased
participation
of those most concerned with
the amendment’s passage—the
18-21 year olds.
“The kids appear to be
concerned more than they
were in 1966,” he said. “They
appear to be more enthusiastic
about this issue.”
Craig
said
several
high
school
groups
and
youth
organizations have indicated
their intention to lobby for the
voting amendment after it is
introduced in the Legislature.
Should
the
amendment’s
supporters be unable to muster
the two-thirds majority of
both houses necessary for
placing it on the ballot, the
youth group plans to organize
a
statewide
petition
drive
on the amendment proposal.
The signatures of eight per
cent of the others in 1966
gubernatorial election would
then place the amendment on
the November ballot.
After being introduced into
the House, the amendment
proposal will be sent to the
Committee on the Revision of
the Constitution.
The amendment proposal
was announced along with
several
proposed
measures
which Vaughn said are part
of a campaign to encourage
young people to become more
interested in politics.
The other measures include:
—A bill which would allow
people between the ages of 18
and 21 to circulate petitions for
political candidates.
—A bill which would allow
people between the ages of 18
and 21 to serve as “precinct
delegates.”
2A — Wednesday, January 16, 2019
The Michigan Daily — michigandaily.com
News
DARBY STIPE/Daily
Dr. Rebecca Flemming, of Cambridge University, spoke about the ideology of race and the transmission of external factors to offspring in
the context of the Roman Empire in the Hatcher Gallery Tuesday.
TUESDAY:
By Design
THURSDAY:
Twitter Talk
FRIDAY:
Behind the Story
WEDNESDAY:
This Week in History
MONDAY:
Looking at the Numbers
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Lawsuit against Ann Arbor dismissed
Sixth circuit court declines to hear case challenging city program about sewage
See LAWSUIT, Page 3A
LEAH GRAHAM
Daily News Editor