Archive - Feb 2011

By DEB WUETHRICH

 The Michigan Court of Appeals provided a decision this week that a contamination lawsuit against Tecumseh Products does have a good cause of action as a class action suit.

Tecumseh attorney Chuck Gross filed a lawsuit in July of 2009 on behalf of Thomas and Robert Robarge whose Maumee Street properties might be contaminated by chemicals that could have leached during the production process at Tecumseh Products.

The suit was filed against the company, which operated a manufacturing plant making compressor units and small engines in the city for more than 70 years prior to discontinuing its manufacturing operations here and moving corporate offices to Pittsfield Township.

The latest decision is the result of an appeal made after Lenawee Circuit Court Judge Margaret Noe decided that the case did not have a good cause of action as a class action suit.

“The Court of Appeals decided that we did,” said Gross. The decision came out of the Lansing office, he said. Gross argued the case before the Court of Appeals three weeks ago.

“Now we will be petitioning the court to ask for class action status,” he said. “We will be asking that the other owners of properties in the area be allowed to participate in the case.

Nine counts were listed in the original lawsuit, ranging from negligence to neglect involving the releasing of hazardous chemicals into the ground and surrounding environment, with claims of causing a potentially hazardous and dangerous condition.

By CRISTINA TRAPANI-SCOTT

CLINTON — On Thursday, Feb. 17, officers from the OMNI III Narcotics Team seized 297 plants and 30 pounds of processed marijuana from Oak City Antiques in Clinton.

Barry Lee Fisher, 62, of Onsted was arrested and arraigned Tuesday on charges of manufacturing marijuana, maintaining a drug house and conspiracy.

According to Michigan State Police Lt. Steve Galbreath, the unit received tips that illegal marijuana manufacturing was taking place in the facility, but seizure could not take place until the unit could establish probable cause. Galbreath said that Thursday, the department had probable cause.

He said that while Fisher has been arrested, the investigation continues, with a possible additional suspect involved. Both men had medical marijuana patient cards and one had a caregiver’s license. Galbreath said, however, that the caregiver’s legal growing operation was separate from what was housed in Clinton.

According to Michigan medical marijuana law, each could have legally been growing up to 72 plants if they were certified caregivers and had the maximum number of certified patients. That’s a total of 144 between them, well under the number of plants that were seized. “It’s obvious that they were using medical marijuana as an excuse to make money,” said Galbreath.

Previous reports note that Fisher was on probation for earlier charges of growing marijuana in Washtenaw County.

Fisher’s preliminary hearing will be March 7 in Lenawee County District Court.

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Tecumseh’s varsity wrestling team won the last three matches of the MHSAA Division 2 team state semifinal but finished just two points shy of catching up to Greenville to end its season.

The Indians (41-3) were down 31-19 when they began a big comeback with Chase Lewis winning by decision (9-6) at 112 pounds to set the score at 31-22. Collin Lesko followed at 119 pounds and he also won by decision (4-0) for another three points (31-25). His younger brother Anthony Lesko competed in the last match of the semifinal at 125 pounds and despite taking a win by major decision (12-2) the Indians lost 31-29.

The No. 1 ranked St. Johns (31-0) advanced to face No. 2 ranked Greenville (33-2) in the Division 2 championship final beginning at 4 p.m. Hudson (44-3) advanced to wrestle Hesperia (30-1) in the Division 4 championship final. Complete results will be reported in next week’s Tecumseh Herald.