Court: People v. Trees Can Commence In Warren
POSTED: Friday, May 16, 2008
UPDATED: 7:00 pm EDT May 16,
2008
WARREN, Mich. -- The Michigan Supreme Court has ruled that about 7,000 Warren homeowners can proceed with a class action lawsuit claiming their property was damaged by trees the city planted back in the 1950s and '60s.
The lawsuit against the city, which was filed in 2000 by 23 residents and later grew to about 7,000, claims the trees planted in the right-of-way areas in front of residents' homes had caused property damage and forced residents to pay thousands of dollars to clean drains and install new pipes.
Randall Kolodziejski is one of the residents involved in the lawsuit.
He said the massive tree roots in front of his home clogged the drainage pipes and caused nearly $28,000 in damage.
Kolodziejski and his neighbors paid for the cleanup themselves.
He said, “I’m not there for the money. I’m there to get reimbursed for what I put into the system; for what I had to put into the cleanup of this.”
The city of Warren has maintained that there is no evidence that the trees have deteriorated any residents' property.
City attorney John Gillooly said this is a lose-lose situation.
“The residents of the city are basically suing themselves,” Gillooly said. “Without any insurance, if and in the unlikely event of a judgment, the moneys they would be paid would come from their own pockets. There would be a tax assessment and that is what makes it very unusual.”
The case is expected to be heard before a jury in Macomb Circuit Court sometime next year.
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