COL VS the 74 year old lady fighting to get her business back!

Still fighting at 74 for the city of Ludington to remove its road out of the Pere Marquette bayou that has been there since june 2008 after a terrible storm that the WWTP failed during. A strong woman like her mother inlaw they bought the business from in 1983. Basically a female run business. Maybe the city has an issue with that? Cant address our needs? The city had the money but spent it elsewhere. Shay is very good at misappropriation of funds it seems.

Great job speaking up ! Her comments start at 51 minutes in so fast forward to watch.

https://vimeo.com/channels/ludingtoncc

The councils ignorance and thinking we are stupid fuels my fire. Krauch said all the right things to support my case and omitted the most important one, Madison is still in there along with everything brought by the failure of their WWTP! Yes I believe the MDEQ after reading this report, just like I would drink tap water in Flint, they are irrelevant and get by saying what is the situation at the moment. If we disrupt that bayou with boats, then what? This is why they don't want to do anything, they will poison the drinking water just as they did when they rebuilt Washington Bridge, but worse since it is further up closer to the mess.

ALL OF THE MESS IS TILL IN THE PM BAYOU AND HAS NEVER BEEN TOUCHED! YOU HAD THE FUNDS!!!!

No one will speak of the road that is still there, the same road that has put us out of business! Bottom line the road they left there is what has put us out of business. The DEQ report states that and that it is still there and is why the other litigation pending has stopped. Clearly we are the ones suffering! The same family that brought the salmon, same family that introduced charter fishing. Does anyone care about history/heritage?

Nice!

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The COL council/Mayor have not contacted this woman pleading for help for her business located in the 4th ward at all! Sad the 4th ward councilor has not also contacted! Government works for who? She pleaded to them......

If it was not for the fail of THIER WWTP she would have nothing to say!

I always hate to shatter myths that people hold dear, it's like telling a kid there is no Santa Claus.  But... Ludington City Hall is no friend to small businesses.  This woman and her family have over 30 years of proof from their own business having to compete with the municipal marina, who have had the state make millions of dollars in improvements over the years to a facility that would not otherwise be sustainable in a free market.  Look at how they ran Claire "the Book Girl" Whitcombe out of town strictly on what amounted to social media gossip.  Look at all the small business landlords they imposed a tax on with the RIP just so they could invade living spaces in violation of the Fourth Amendment. 

Krauch, Cox, Shay, care not for this woman's business, other than whether they can someday take it over and get the state to finance their own designs for it.

Here's a couple of links to a specialist in Environmental Law for those that want to pursue this with more authority than a new council and talk that Ray suggests. Call Susan Topp at cell 989-619-4886 or work 989-731-4014 and see what they think on this matter.

Attachments:

There is one more aspect to to consider especially if involving legal council.

That is this area washed out in 1986 I believe, and it washed out again 22 years later in 2008.

It seems that the reconstruction after the 1986 washout was inadequate as it should have been upgraded to survive a 100 year flood event and even a 500 year flood event.

Culpability in this case could lie with the Engineering Firm who designed this faulty repair, the Construction Firm who did the repair, and the City of Ludington itself who hired, approved, and financed this inadequate design.

If you can prove that the 1986 repair was faulty then claiming that the 2008 washout was caused by an Act of God becomes a moot point.

Wasn't the upgrade made in 1986 with 2 culverts, 1 approximately the same size and 1 slightly smaller as the one that washed out? And when was the last time that the Creamery Corner Drain was maintained before 2008? Even Pere Marquette Township might be involved.

After talking briefly with an attorney on this too Shinblind, I believe that culpability issue could be true. Flooding is called an "act of nature". And it seems the COL cannot be held liable for that alone. However, as you stated the Engineering Firm might be held accountable. In addition, if the COL has known for some time that it's system at the WWTP is in dire shape and badly needed repairs, that could also point directly to negligence and incompetence for the COL. Also, jfc 123, can you please post that link to the MDEQ report on the bayou? Or send it to susan@topplawfirm.com for further review. Thanks.

Thank you Aquaman for picking up the idea and running with it.

I don't have a dog in this fight but I hate to see the injured parties in this case not being able to receive just retribution. The loss of income,loss of the use of their land, and the emotional distress they suffer because of the hubris of the COL is reprehensible. 

This matter could have been resolved 8 years ago when the funds and heavy equipment were in place for accomplishing this task. The cost would have been a pittance compared to the accrued current liability. This is another reason that replacing the current management of COL needs to be address.

Thank you Shinblind. The positive support that has been shown on this site shows that there are good people left in this cruel hearted world, and is appreciated! It is so hard to believe that the people that govern you are the ones that really want to see you fail! 

This is no act of God, it is due to the COL council and mayor and decades of neglect and upgrades to the WWTP and all of the drains into the water, in this case the creamy corners drain. There has not been any maintenance performed there and dredging to remove the sediment they spew also has never been done. This failure was due to an overtaxing of the WWTP, so it failed. The water had to go somewhere else so the destruction happened and Madison and all of the debris is still in te PM bayou even though the state and feds gave the COl money to clean it up! The COL decided to spend it elsewhere because they think they are a god and decide who lives and who dies.

Aquaman this link starting on page 3 was written by the state and tells the story and that funds were there, the Mdeq report proves the bayou has been left untouched. This is important for the lawyer to know.

https://www.michigan.gov/documents/deq/lwm-nfip-summer-2008_248403_...

Again, thank you all for the positive support! The act of God should happen and things made right in this beautiful, quaint little town that we all love, every inch of it, even the 4th ward! Amen!

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