WATERFORD TWP, Mich. (WXYZ) — What used to be a road of economic growth in Waterford Township has turned into a pothole problem. It's what's driving at least one resident crazy.
This all started when I got an email from a viewer, reaching out to me about the deteriorating condition of Summit Drive, near where the old Summit Place Mall used to be. I thought this would be a simple call to the Road Commission for Oakland County to see what's happening.
Boy, was I wrong. Turns out, the road is not owned or maintained by the county or Waterford Township; it's a privately-owned road.
Watch Ali Hoxie's report below
It was once a road that drew shoppers to Summit Place Mall, but all that's left of the mall is an empty plot of land. And Summit Drive is riddled with potholes.
Jason emailed me about this crumbling road back in January.
"(I reached out to you) cause you seem like you actually care about the potholes getting fixed and you’re looking into it," said Jason A., who lives in Waterford Township. “We got like a charter school here, we got a couple different things here, businesses, and that’s where the potholes are concentrated, ironically.”
I started to look into it, and my digging brought me to Waterford Township Supervisor Anthony Bartolotta.
“We give the same answer year after year, after year. That is a private road, the township doesn’t own it, the road commission does not own it," Bartolotta explained to me.
"Have you tried to speak with the owner to get it fixed?" I followed up with.
“Absolutely, I talk to him. I talk to Doctor Kadry probably yearly about that road, and it’s the same old answer I get. He’s not interested in rebuilding it — too expensive," Bartolotta said.
I did my own digging, looking at pages upon pages of documents, and here's what I learned.
Summit Drive was created as an easement in the late 1980s, as a way to accommodate shoppers traveling to the now-demolished Summit Place Mall.
But now, Summit Drive is broken into three parcels.
The southern part of the road is owned by Scott Leibovitz, the president of a real-estate development firm. He also owns the majority of the land that used to be the old mall.
The middle portion of the road is owned by retired OBGYN Dr. Othman Kadry. But the northern section of Summit Drive, between Mall Drive and Pontiac Lake, is a bit of a mystery.
Waterford Township's assessor's office was unable to find a deed to this plot of land. That led me to the Oakland County Assessor's office, and they, too, could not find a deed associated with that parcel number. In fact, someone inside the office told me the land has been split and divided so many times that it seems to have gotten lost in the shuffle.
But Bartolotta believes the responsibility for the majority of the road and the cost falls on Dr. Kadry.
“Is there any remedy to try and get the road fixed?” I asked Bartolotta.
“Yeah, Dr. Kadry needs to open up his wallet," he replied.
I spoke to Dr. Kadry over the phone, and he declined an on-camera interview. He told me he owns part of the road, but he denies ownership of the northern parcel.
His attorney sent me a statement, stating that the owner of the mall properties, specifically, not just the road or road parcels, is responsible for maintaining Summit Drive. The statement also said some of the businesses in the area bear some responsibility.
The statement reads in part: "A fully-repaired Summit Drive is in the best interests of all its adjoining property owners. The summit entities are and always have been more than willing to take the lead in having that occur, but not without a firm and binding agreement with the adjoining property owners to pay their share. It's simply unfair and legally incorrect to blame the only party that has done anything to maintain Summit Drive for its present condition," with the attorney saying that Dr. Kardy has provided snow plowing and maintenance over the years.
I also spoke with Leibovitz over the phone as well. He said that in the past, his company had tried to create a special assessment district with Dr. Kadry to raise funds for a fix. But so far, the two have not been able to come to an agreement.
“If I could say to the guy, like man, please fix the roads so we can stop having these potholes," Jason A. said.
We will continue to follow this story and provide you with any updates as we get them. Below is Dr. Kadry's statement in full.
