HomeMy WebLinkAboutResolutions - 1985.02.14 - 11004
MISCELLANEOUS RESOLUTION # 850A1
February 14, 1985
• BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRMAN
IN RE: DRAIN COMMISSIONER - AUTHORIZATION TO RETAIN OUTSIDE LEGAL COUNSEL-
VILLAGE OF BEVERLY HILLS VS. OAKLAND COUNTY ATCHISON DRAIN PROJECT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Village of Beverly Hills has filed a civil complaint in the
Oakland County Circuit Court naming as defendants George W. Kuhn, the Oakland
County Drain Commissioner and the Atchison Relief Drainage Board; and
WHEREAS the Village of Beverly Hills makes a series of allegations in its
complaint that the actions taken by the Drainage Board for the Atchison Drain
were improper and unlawful; and
WHEREAS the Village of Beverly Hills seeks to obtain a permanent injunction
against the Drainage Board to prevent the collection of a special assessment
against the Village of Beverly Hills for its share of the cost of the Atchison
Drain Project; and
WHEREAS the Corporation Counsel Division has been advised by the Home Indem-
nity. Company that no insurance coverage will be afforded Oakland County under the
terms of its liability policy; and
WHEREAS the Drainage Board for the Atchison Drain believes that the legal
position taken by the Village of Beverly Hills is without merit and that the law-
suit brought by the Village of Beverly Hills should be vigorously defended; and
WHEREAS the Drainage Board for the Atchison Drain recommends that the legal
fiLm of Dickinson, Wright, Moon, VanDusen & Freeman be retained by Oakland County
to defend the pending litigation initiated by the Village of Beverly Hills; and.
, WHEREAS the Corporation Counsel Division concurs in the recommendation of
the Drainage Board that outside legal counsel be retained to defend the interests
of Oakland County and the Atchison Drain in the subject litigation.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby authorizes
the retention of the legal firm, Dickinson, Wright, Moon, VanDusen & Freeman to
defend Oakland County in the pending litigation initiated by the Village of Beverly
Hills regarding the Atchison Drain _Project, in an amount not to exceed $2,500.,00.
BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $2,500 from
the 1985 Contingency Account and transfers said amount to the Drain Commissioner
budget - Legal Expense Account as follows:
909-01-00-9900 Contingency $(2,500)
611-01-00-3456 Legal Expense 2,500
-0-
Mr. Chairman, on behalf of the Finance Committee; I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
HERaYA PROVEi 7
T. Mur
34th day of / ) FebILIry 19 85
ALLEN
y Clerk/Register of Deeds
#85041 February 14, 1985
Moved by Caddell supported by Gosling the resolution be adopted.
AYES: Fortino, Gosling, R. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt,
Moore, Nelson, Price, Rewold, Skarritt, Webb, Wilcox, Caddell. (16)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted,
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that i have compared the annexed copy of
Miscellaneous Resolution 7850.41 adopted by the Oakland County Board of Commissioners
at their meeting held on February 14, 195
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, i have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this