If you’re wondering why that utility pole has been sitting right smack in the middle of S. Mill St., don’t worry ? Oxford Village is working on getting it moved.
Council last week voted 4-0 to authorize village attorney Bob Bunting to file a lawsuit to obtain an easement allowing DTE Energy to do the necessary work.
If unopposed, the lawsuit could cost the village an estimated $1,500 to $2,000 in legal fees and filing costs.
However, village Manager Joe Young informed this reporter a lawsuit may not be necessary if DTE agrees with Bunting’s legal opinion on the situation
The pole in the middle of S. Mill St. and three others were supposed to be moved by DTE Energy per a $40,325 contract with the Oxford Downtown Development Authority that was part of the southeast parking lot improvement project.
However, in order for DTE to begin work, it must have all the proper legal easements. The village has been unable to obtain one of the easements for an underground service line that runs to the back of the southeast quadrant’s buildings.
‘Edison won’t schedule the work until they get (all the easements),? Young told council.
The property’s owners are listed as Robert Miller and Edward Gilbert, who live on Turnberry Ct. in Oxford.
‘Their names are on it,? Young said. ‘They may or may not own it. That’s what the documentation shows.?
After ‘numerous attempts,? according to Young, the village has been unable to contact the owners.
A Nov. 14 legal opinion from Bob Bunting stated that the village ‘would be well within its rights to execute on its own? an easement for DTE given its ‘long-term assumed control? and ‘exclusive use? of the property coupled with the more than 20 years worth of uninterrupted ‘maintenance and improvements? made by the municipality.
‘Possession by the village has been clear, distinct, exclusive and unequivocal,? Bunting wrote.
‘The DTE attorneys are reviewing (Bunting’s opinion) at this time,? Young said. A lawsuit ‘may not be? necessary ‘if DTE agrees with what we’re proposing,? the manager noted.
Another option is to conduct a full title search to determine who owns the property.
‘There might be something in there that might possibly clear the issue,? Young said. ‘So, that’s another possibility.?