DETROIT (WXYZ) — A judge has extended a temporary restraining order blocking Detroit Thermal from installing an underground steam heating system that would provide heat to residents at 1300 Lafayette East Co-op in Detroit.
Watch Ruta Ulcinaite's video report:
The ruling means hundreds of residents will be without a permanent heating solution for another winter season, forcing them to continue relying on expensive temporary boilers and space heaters. However, residents at the historic co-op where the installation would take place say the project would be invasive and is illegal.
"We need it like yesterday. I hope and pray that we'll be blessed and be able to receive the heat," said Otis Starghill, who has lived at the 1300 Lafayette East Co-op for 30 years.
For the past few years, Starghill and hundreds of other residents haven't had a permanent heating system in the building.
"I don't want to go through another year facing that type of uncomfortable situation," Starghill said.
Wayne County Circuit Judge Annette Berry extended the temporary restraining order on Thursday until October, preventing Detroit Thermal from reactivating an underground steam network that runs beneath the neighboring Mies van der Rohe co-op.
Residents of the Mies van der Rohe property have been fighting against the project for months on their historic location.
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"It will impact our parking, it will impact our old trees, it will impact our playground, the green space, and, potentially, the foundations of our buildings if something goes wrong," said Angela Fortino, a resident of the Mies van der Rohe Co-op.
Detroit Thermal had received a certificate of appropriateness to move forward with the project from the Detroit Historic Commission earlier this month. However, Judge Berry issued an emergency restraining order days later due to the ongoing lawsuit filed by residents of the Mies van der Rohe co-op.
"Our ongoing fight has been that Detroit Thermal is attempting to trespass on private property. The greens that are here are privately owned; it is not a public park, it is owned by the co-op," Fortino said.
Residents like Fortino say they want the company to find another way to provide the necessary heat to their neighbors.
"There are other pipes that are known within this area that they could use to connect our neighbors' building; they chose this pipeline, this route, because it's supposedly the cheapest effort," she said.
Detroit Thermal maintains there is no alternative solution. In a statement, company spokesman Harvey Hollins III said:
We are undeterred in our commitment to provide the 600-plus Detroiters at the 1300 East Lafayette Cooperative with the affordable, reliable, clean, and safe heat they desperately need this winter. The court's ruling extending its temporary restraining order is disappointing. But in keeping with the judge’s ruling to deny the plaintiff’s preliminary injunction, we will continue our work on this important project in the public right away. The court clarified this morning that such continued work is allowable under the temporary restraining order. Meantime, we will pursue every appellate and legal option at our disposal to serve our neighbors at 1300 East Lafayette.
These are the facts:
- The heating line already exists at a utility easement used by DTE, cable systems, and other service providers.
- All we need to do is upgrade the line and reconnect it.
- The project is approved by the Michigan Public Service Commission and multiple City of Detroit regulatory bodies, including the Historic Detroit Commission.
- The project is the result of multiple conversations with our Lafayette Park neighbors, including the most vocal opponents, whose input led to multiple changes and improvements.
- Contrary to a well-funded disinformation campaign, initial project work being conducted in a right of way is not in violation of the temporary restraining order or the HDC’s certificate of action.
- Contrary to a well-funded disinformation campaign, there is no alternative route, no viable option, and no more time. If we don’t get full clearance to renew our work on this project by Aug. 4, the residents at 1300 Lafayette will not be hooked up to our heating system in time for winter.
When asked how continued delays would affect residents at 1300 Lafayette, Starghill responded: 'Well, it would be horrific.'
Detroit City Council President Mary Sheffield also released the following statement:
"After receiving community inquiries regarding the recent Temporary Restraining Order issued to Detroit Thermal and their ongoing work in Lafayette Park, I reached out to Corporation Counsel Conrad Mallett for clarification on the judge's directive.
According to Corporation Counsel Mallett:
'Per the Judge's order, Detroit Thermal is prohibited 'from entering the cooperative's property or undertaking any work related to any purported easements contained therein.' Detroit Thermal believes the injunction applies only to cooperative-owned land. However, attorneys for the cooperative interpret the order as a broader restriction, covering all work, even beyond the cooperative property. The cooperative has returned to court to seek clarification, with a hearing scheduled for Thursday.'
To date, Detroit Thermal has continued work within the Right of Way and not on the Mies van der Rohe cooperative property. The City, like all involved parties: including Detroit Thermal, the cooperative, and the residents of 1300 Lafayette is awaiting the judge's clarification. The City will adjust its response accordingly based on the outcome.
Additionally, I've been made aware that the Historic Designation Advisory Board has requested that DPW issue a stop work order due to conditions of approval not yet being met.
In the meantime, I have directed City staff to closely monitor the ongoing construction and ensure that community concerns are respected throughout this process."
The judge has scheduled another hearing for October on this ongoing legal dispute.
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