W & S Lawsuit: Plaintiff's Attorney Posts Information and More

Hi All,
UPDATE:
Here is some very interesting information found on the Plaintiff's attorneys' website concerning the Class Action Lawsuit (Youmans vs Bl. Twp).
 
From the main website of KickhamHanley - here is a short cut link to this case:
http://www.kickhamhanley.com/class-action/youmans-v-bloomfield


On July 12, 2018  there was a four hour reading into the record at Oakland County Court House by Judge Daniel P. O'Brien.   That is now a printed TRANSCRIPT and is listed as "Court's Opinion After Trial" on the KickhamHanley website .

The " Summary of the Court's Opinion After Trial"   was written by Plaintiff's Attorneys.  Very interesting  summary with dollar figures discussed. 

Below are the listed items found on the  WEBSITE of KickhamHanley

Jamila Youmans v Charter Township of Bloomfield Case No. 16-152613-CZ

First Amended Complaint

Answer to First Amended Complaint

Order for Class Certification

Order Authorizing Class Notice

Class Notice

Order Denying Motions

Court's Opinion After Trial

Summary of the Court's Opinion After Trial

 

 

FYI:   THERE IS ALSO AN ARTICLE, written by Lisa Brody, quoting the Bloomfield Township's attorney, William Hampton, (and perhaps input from others from the township) as to his (their) understanding of the July 12, 2018  Court House "reading into the record".   That article (presented below)  concludes a different view of the proceeding, in my opinion.

 

At the time of the interview,  the transcript from the court was not printed.  However, it seems that the publication only sought comment from one side of the issue:   Bloomfield Township's .

 

Read that article here:

From a local publication:  Downtown NewsMagazine  

 https://www.downtownpublications.com/single-post/2018/07/20/Split-decision-in-water-sewer-suit-against-township

 

******************************** MORE*******************************

 

FYI:   here is the township website

https://www.bloomfieldtwp.org/Home.aspx

 

FYI:  you won't find the last three years of the  W & S budget under BUDGET on the township website  as the township discontinued putting that department on the Annual Budget review agenda.  MAJOR LACK OF TRANSPARENCY... by design, my opinion.

See Budget: https://www.bloomfieldtwp.org/Government/Annual-Reports/Accounting-Financial-Reports.aspx

 

FYI:  For this year's budget review by the Board of Trustees at a Study Session which is missing the Water and Sewer department:  see the Board Packet/ Board of Trustees/ Study Session/  2/28/18  

 

FYI:  the township did discuss the water and sewer RATES at a different study session on March 20, 2018 for the 2018-2019 fiscal year.  See the Board Packet/ Board of Trustees/ Study Session/ 3/20/18   

 

FYI:   Some other related blogs by me on Water and Sewer issues over the past six years:

 

http://bloomfieldtwphappenings.blogspot.com/2018/07/bl-twp-watersewer-lawsuit-judge-read.html 

 

http://bloomfieldtwphappenings.blogspot.com/2018/02/bl-twp-w-s-trial-oc-circuit-court-2-5.html

 

http://bloomfieldtwphappenings.blogspot.com/2017/11/25m-w-s-department-excluded-from-twp.html 

 

http://bloomfieldtwphappenings.blogspot.com/2016/09/class-action-lawsuit-certified-11m.html

http://bloomfieldtwphappenings.blogspot.com/2016/07/water-and-sewer-still-twp-issue.html

 

http://bloomfieldtwphappenings.blogspot.com/2016/01/bl-twp-w-fees-clean-water-or-pensions.html

http://bloomfieldtwphappenings.blogspot.com/2016/01/w-user-fee-or-tax-and-retiree-fund.html

http://bloomfieldtwphappenings.blogspot.com/2015/12/bltwp-resident-calls-for-forensic-audit.html

 

http://bloomfieldtwphappenings.blogspot.com/2015/10/you-dont-pay-watersewer-bills-to-fund.html

 

http://bloomfieldtwphappenings.blogspot.com/2015/10/will-twp-rob-restricted-w-fund-to-pay.html 

http://bloomfieldtwphappenings.blogspot.com/2014/10/great-lakes-water-authority-forum-on.html

http://bloomfieldtwphappenings.blogspot.com/2013/02/sanitary-sewer-extensions-and-special.html

Bl. Twp. Water/Sewer Lawsuit: Judge read into the RECORD !

Hi All,
This is my account of today's event:

YOUMANS JAMILA vs. BLOOMFIELD TWP
 2016-152613-CZ
    
July 12, 2018
 
Reading by Judge DANIEL P. O'BRIEN into the record:  was to begin at 1:30 pm  at the Oakland County Circuit Courthouse,  but apparently began earlier around 12:30 pm.   The reading continued until approximately  4: 17 pm.  with just one small break.

Gregory D. Hanley, Attorney for the Plaintiff was present in the courtroom along with  Jamila Youmans (also class action suit) in the audience.   Others in attendance:  Bill McMaster, (TaxpayersUnitedMI.org ), a vocal voice at township meetings about water and sewer issues and how the township was/was not dealing with issues;   David Thomas, former candidate in Nov. 2016 election for Supervisor (lost by less than 500 votes to current Supervisor Leo Savoie) and the lead person with a petition for a forensic audit of the water and sewer department that was quickly ignored by the township leadership; and me, Marcia Robovitsky,  self appointed watchdog of Bloomfield Township issues and the author of the many articles in this blog and archived blogs some concerning water and sewer issues.

A surprise visitor sitting quietly during the almost 4 hours of reading into the record turned out to be none other than the Judge's mother.  This was a very complicated and difficult case,  and she has every right to be proud of the detail and attention and legal standards that her son, Judge D.P. O'Brien gave to this case.

Also in the Courtroom were the attorneys for Bloomfield Township:
William P. Hampton,   retired from Secrest Wardle, now independent $100,000/year contracted attorney for the township;   and  Mark S. Roberts,  Secrest Wardle law firm.   For a few hours, current Treasurer Brian Kepes was in attendance, but left early.

So, you want me to get to the point?  WHAT HAPPENED? 
Well, I'll just tell you this:
Bill Hampton and Mark Roberts left the courtroom quickly.
From what I heard and understood,  (and I arrived late because of the earlier start than scheduled)  - Bloomfield Township took a BIG HIT..... the Plaintiff prevailed to some degree in many of the various issues the Judge ruled on.   Can you say millions?   The parties still need to return to the court.  I believe the judge is giving the township time to "reflect"  and to settle with the plaintiff attorney some more case-related sections as to appropriate damages.

The Township's lack of transparency and methodology among other damning comments were scattered throughout the 4 hour reading.  The Township and how they managed this department, how the budget was shown , rate formulas, fees, etc. and the way some employees perhaps kept information from being transparent were basically the reasons they lost  ( that's how I understood the 4 hours).  I will write more when the transcript is available and publicly correct in my next blog any mis-spoken/ printed information here today, if any.

Whatever the cost,  I am ordering a transcript of this decision.  All township residents should read this decision !

All Bloomfield Township residents should heed one of the many comments made by the judge:   my paraphrasing:   the courts can't decide everything....but the CITIZENS  should go the the BALLOT  BOX  when election time comes.  Each citizen should know about each candidate and how he/she will run the municipality and then vote your preference. 

FYI:
The 2016  Bloomfield Township election was decided at the PRIMARY in August 2, 2016.    There were no Democratic candidates in November.     There were CHOICES  for the first time for ALL seven of the Bloomfield Township positions.   Only 2 candidates that I supported won.  However,  the voting was VERY close (scroll down in link for local results).  Unfortunately,  those two  (Buckley and Walsh) are constantly outvoted on many issues by the other five.  Change needs to happen in Bloomfield Township.   Next chance:  August Primary in 2020.

Please,  pay attention to ALL elections.

Fair warning:   August 7, 2018....... there are some Bloomfield Township ballot issues on the PRIMARY BALLOT.   READ!     Public Transportation and Safety Path Millage 

Proposal Language for the August 7, 2018 Primary Election

  Proposal List

and of course,   CHOOSING  the candidates you want to represent YOU in Michigan in the NOVEMBER 2018  election.   Candidates that do NOT win in August will NOT have their name on the November ballot.   Choose wisely.   Here is a link for Bloomfield Township residents to see THEIR sample ballot for THEIR specific precinct.   Not all ballots are the same as Bloomfield Township has different boundary lines for some district representatives.
 https://www.bloomfieldtwp.org/Government/Services/Clerk/Elections/Voting.aspx

Bloomfield Township Offices:

4200 Telegraph Road
P.O. Box 489
Bloomfield Township, MI 48303-0489
Phone: 248-433-7700
Fax: 248-433-7714

Supervisor:  Leo Savoie    lsavoie@bloomfieldtwp.org



Attorneys for the Plaintiff:

Kickham Hanley PLLC
32121 Woodward Avenue
Suite 300
Royal Oak, Michigan 48073
Main:   (248) 544-1500