Attorney representing county in airport lawsuit may be replaced

A change of attorneys in the Presque Isle County Airport condemnation proceedings is in the works, as the Aeronautics Division of the Michigan Department of Transportation (MDOT) strongly recommended that members of the Presque Isle County Board of Commissioners hire an attorney with expertise in the field. According to Chip Kraus, MDOT Aeronautics property specialist, the county was given a list of attorneys to consider at a joint meeting February 1. Included in the names is attorney Gary Strauss of Southfield. A contract has yet to be signed with Strauss as the assistant prosecutor clarifies language regarding a $10,000 cap. Some commissioners want know if Strauss would only provide his services until the $10,000 mark is reached. The attorney has since said the cap language should have been left out.

KRAUS SAID the ultimate decision to replace Rogers City attorney Jerry Gray is the county?s hands, but MDOT would like to see the case ?move forward.? The issues involving the poor communication between Gray and county officials was brought up at the county?s regular board meeting January 10. The latest breakdown in communication had board members concerned about the direction of the case, which is scheduled to go to trial March 8. At the meeting with the county and MDOT, Gray told officials he wanted to step down from the case for health reasons. The county needs an easement on property owned by Presque Isle Investment Corporation of Walled Lake. The lot, which is on the west side of County Road 451, is in the flight path of planes using the county airport in Rogers City. Presque Isle Investments agreed to grant the easement as the two sides negotiate a final price for the 19.35 acres. There was a legal setback when another issue involving the ?declaration of taking? document approved by the county needed to be clarified.

COMMISSIONER BOB SCHELL, who serves as chairman of the courthouse & grounds committee, said Gray received a $10,000 retainer fee when they first hired him. Schell said MDOT will now back the county for ad

ditional legal expenses, but the hiring of a new attorney ?will come at the expense of addition projects at the airport.? Both sides have requested 90 day extensions of the March 8 trial. Schell said the county?s extension would be to hire a new attorney and solve any other related issues, while PI Investments would like to reopen the case to discovery. Circuit Judge Scott L. Pavlich conducted a recent hearing and has taken both issues under advisement. Both Gray and Strauss attended the hearing. As of Tuesday, Schell was awaiting further details from Judge Pavlich regarding the extension.

In other business:

? The board heard a request from Rogers City manager Mark Slown, who was seeking assistance from the county regarding the purchase of a new ladder truck. The commission approved a $45,000 interest free loan for five years.

Leave a Reply

Your email address will not be published.