The Berrien County Board of Commissioners is inviting Drain Commissioner Christopher Quattrin to appear before the body’s next meeting to explain legal costs associated with a lawsuit over work on the Tanner Creek Drain in Bridgman.
At a Thursday meeting, Commissioner Bob Harrison asked Corporate Counsel Thaddeus Hackworth for a review of the drain commission lawsuit against the Michigan Department of Environment, Great Lakes and Energy, saying he’s getting a lot of questions he’s not comfortable trying to answer.
Hackworth said the suit goes back to emergency drain work done by the county in 2021 for which the drain commissioner didn’t secure a permit.
The case remains up in the air while EGLE appeals one ruling, but as of February, commissioners noted the total cost of the suit stood at $671,000. Since then, they’ve heard nothing else and are concerned the legal costs have only mounted in that time.
County Administrator Brian Dissette told us the finance committee has asked Quattrin for an update but gotten nothing.
“Those requests have been sent,” Dissette said. “We have yet to receive responses. The information has sought what will be the total anticipated expense for legal, what will be the timeline for the completion of the legal, what will be the timeline for the completion of the legal, and then the bigger issue is how will the legal expenses, what’s the planned repayment method?”
Board Chair Mac Elliott said he’ll invite Quatttrin to come and review the case with the board at its next meeting. He told us he understands lawyers are expensive, but commissioners should get an update.
“The concerns that have been expressed I understand because there’s a lot of money that’s been spent,” Elliott said. “So hopefully we can get a thorough review of that and an understanding about how much more may be needed to bring the litigation to what hopefully will be a successful conclusion from the perspective of the county. But it will help a great deal to cast light on this whole process.”
Commissioners are questioning how the legal costs will be spread out among taxpayers once the dust settles. Elliott said they could be spread “far and wide,” beyond just the Bridgman drainage district.
Hackworth said even if the drain commissioner wins the lawsuit, it’s extremely unlikely the legal costs will be reimbursed to the county.
