|
 |
| Wayne Kelpien and his wife, Gloria, are suing the city of Greenville over a test water well they say is on their property and City Manager George Bosanic says is on city land. |
|
7/24/2008 10:49:00 AM
Greenville is being sued over water well
Elisabeth Waldon
Staff Writer
GREENVILLE - It's a case of he said, they said.
Wayne and Gloria Kelpien of Oakfield Township have filed a lawsuit against the city of Greenville, alleging that a city test water well is located on property they own at 6251 S. Fitzner Road and the city is therefore trespassing.
City Manager George Bosanic disagrees.
According to Kelpien attorney Duane Carr of Stanton, the issue was slated to be decided by Judge David Hoort in 8th Judicial Circuit Court in Stanton, but the city appealed to the Michigan Court of Appeals in Detroit after Hoort denied the city's motion to dismiss the case locally.
The Court of Appeals has not yet made a decision on the case. Carr said it could be up to six months before anything further occurs.
"The problem seems to be that the city of Greenville has pretty much a continuous encroachment on my clients' land," he said of the issue. "It's a property question."
Bosanic said city policy doesn't allow him to comment on the pending lawsuit. However, he did say the well "is squarely located in the city's right of way."
"I think the city is just trying to price us out of justice," Carr said. "It's a real shabby way for the city to treat its citizens and neighbors. It's just disappointing the way it's being handled."
Gloria Kelpien said she and her husband have owned farmland on Vining Road for 91 years and farmland on Fitzner Road for 52 years.
"I am not a vindictive person," she said. "There is no anger in this. It's between right and wrong. We have lived a very quiet and peaceful life until the city of Greenville got involved with our land."
The Kelpiens filed the lawsuit after filing a Freedom of Information Act (FOIA) request with the city asking for information about test water well MW2, which the Kelpiens said is located on their property.
The Kelpiens asked if the well was temporary or permanent, how long the city intended to keep the well active and what the original reason was for the well since the city has more than adequate land for its placement.
Bosanic denied the FOIA request, saying the city didn't have a test well as the Kelpiens described on their property but that it did have a well in the Fitzner Road right of way in that vicinity.
The lawsuit is not asking for financial relief but seeks the FOIA information that the Kelpiens requested and a determination that the city is trespassing on the couple's property.
|
Posted: Monday, July 28, 2008
Article comment by:
Rich
It sucks that Bosanic is able to deny a freedom of information act inquiry. I think this should be a further suit against him for that reason alone. I would love to hear from the Daily News what the reason for denial is, since he "can't talk about a pending suit" he should be removed from disallowing FOI act requests until this suit is settled as he has a biased position in this undertaking.
Posted: Thursday, July 24, 2008
Article comment by:
Jeremy
Obviously, something is fishy here. Why wouldn't the city allow the Kelpiens access to the information on the well if the city is operating it on city property. Sounds like the city is trying to cover something up.
|
Article Comment Submission Form
|
|
