DIBC Setbacks In Detroit And Windsor

Regulatory, legal and municipal actions affecting the Detroit International Bridge Company (DIBC) are summarized chronologically from news reports and official documents.

These developments mean that the Ambassador Bridge and its owner:

1. Cannot claim status as a “federal instrument” that is exempt from Detroit zoning laws.

2. Cannot assert eminent domain condemnation authority as a U.S. railroad.

3. Cannot proceed with an agreement to control of Detroit’s half of the Detroit-Windsor tunnel.

4. Cannot continue operating in Canada without federal oversight and regulation.

5. Cannot continue construction work in Windsor on an expanded bridge plaza and possible second span for at least one year.

The developments:

Lawsuit dismissal upheld: U.S. Court of Appeals justices on Oct. 13, 2005 affirmed a U.S. District Court dismissal of a DIBC lawsuit against the Detroit River Tunnel Partnership (DRTP). The suit sought to overturn the DRTP's October 2003 purchase of property behind the Michigan Central Depot from Amtrak Corp. The appellate court agreed with a District Court judge that the complaint lacked legal merit

Car tunnel deal blocked: Detroit’s City Council on July 28, 2006 rejected an agreement giving future control of the Detroit-Windsor tunnel's U.S. side to DIBC owner Matty Moroun through his Ambassador Port Co., created May 9, 2005. Mayor Kwame Kilpatrick's office negotiated a $30-million deal in fall 2005 to give Moroun's new company control of the tunnel for up to 100 years, but council's approval was required. Councilwoman Barbara Rose-Collins had complained of “under-the-table dealing.”

State appeals court ruling: The Michigan Court of Appeals ruled 3-0 on Sept. 14, 2006 to reverse a 2004 Wayne County Circuit Court decision designating the Ambassador Bridge as a “federal instrumentality.” The judges rejected DIBC’s claim that it was exempt from zoning violations involving its construction of new customs booths. "DIBC has not presented evidence of any federal law, regulation or rule that requires DIBC to violate Detroit zoning ordinances," says the opinion. “"Federal law does not preempt the City from enforcing Detroit zoning ordinances to construction projects within the Bridge Plaza."

Federal condemnation case: A U.S. District Court judge on Dec. 1, 2006 denied a DIBC attempt to condemn and claim eminent domain on two properties near the Ambassador Bridge that it says are needed for construction, maintenance and operation of a planed second span. Judge Prentis Edwards said DIBC lacks authority to condemn the private properties under a decades-old law that lets railroad companies assert eminent domain.

Windsor fights twin span: The mayor and council members formally asked federal and provincial leaders in December 2006 to dismiss an Ambassador Bridge application to twin its span, citing the impact on Windsor's environment and residents. In letters to the national transport minister and Ontario premier, Mayor Eddie Francis said officials are “concerned about the potential significant harm that a second Ambassador Bridge would cause to residents of the city of Windsor." The company did not consult city leaders before its construction permit application, the letters said.

Parliament adds federal role: House of Commons members in Ottawa gave final approval Jan. 29, 2006 to an International Bridges and Tunnels Act, introduced by Prime Minister Stephen Harper’s government It gives Transport Canada full control over maintenance, tolls and security of current and future Canadian border crossings. The Windsor Star put the impact this way: “Michigan billionaire Matty Moroun will no longer be able to keep the government out of his business.” Moroun’s son and bridge president Dan Stamper testified twice against the legislation, which forces them to allow government scrutiny of structural inspection records for the first time. Brian Masse, a House member from Windsor, said during December’s final debate that the legislation is "the only way public interest will be protected and enforced without profiteers' greed overriding political weakness."

Windsor blocks construction: A city council interim bylaw enacted Jan. 29, 2007 effectively halts a $20-million Ambassador Bridge plaza expansion by imposing a one-year moratorium on demolition and construction in west Windsor until a community improvement plan is developed. A dissenting council member calls it "a declaration of open warfare" against the bridge company. Stamper decries “a direct effort at impeding any projects the Ambassador Bridge has." The moratorium can be extended for a second year by a council vote.

Article Source: http://www.content.onlypunjab.com

The Detroit River Tunnel Partnership (DRTP) owns and operates the 100-year-old rail corridor that runs from Highway 401 in Canada to I-75 in Detroit. Learn about the project to build a replacement rail tunnel at www.thejobstunnel.com

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