Truck ruling

Judge denies injunction

By CHRISTOPHER DIEM, Journal Staff Writer
MARQUETTE — Circuit Court Judge Thomas Solka denied a request from L. Blondeau and Sons Trucking to allow its trucks to travel on south Marquette streets while its lawsuit against the city of Marquette is pending.


Blondeau filed a preliminary injunction to temporarily restrain enforcement of the ordinance — which set a weight limit of 10,000 pounds on trucks traveling on Genesee, Division and Grove streets — until the court case is heard and tried on June 20.


In his decision on Friday, Solka said a preliminary injunction is regarded as an “extraordinary remedy” and the company failed to show it would be “irreparably harmed” if the city’s ordinance continued until the case is decided.


Solka’s decision was only on the request for a preliminary injunction. The lawsuit will likely be decided at a hearing on cross motions for summary disposition at 10 a.m. on June 20.


“This does not go to a final decision on the validity of the ordinance or its constitutionality. That’s reserved for the June 20 hearing,” Solka said.


Attorney Kevin J. Roragen, representing Blondeau, argued that restraining the ordinance and allowing Blondeau’s trucks to travel through Genesee and Division streets would not be a threat to public safety.


He said the current route of Blondeau’s trucks — west on U.S. 41 then making a “Michigan left” to go south on McClellan Ave. — represents a risk to the public because of the high volume and speed of traffic on U.S. 41 and the difficulty Blondeau’s trucks face when attempting a “Michigan left.”


A Michigan left requires motorists wishing to turn left at an intersection on a divided highway first turn right onto that highway, move to the left lane and turn left into a median crossover. When traffic clears, they can turn left again.


However, Solka said that restraining the ordinance did represent harm to the public interest.


“I would conclude that there is harm to the public interest, to the extent that public interest is represented by the majority vote of the city commission which was elected to enact such ordinances,” Solka said. “For a court to say that ‘you city commission have done this contrary to public interest’ would be itself rather extraordinary.”


During the hearing, Dave Blondeau, president of Blondeau Trucking, testified that his trucks, while making a Michigan left, represented a safety risk to his drivers and other motorists.


Solka said Blondeau’s opinion on the matter was justified, since he has been in the trucking business for 20 years. However, Solka said there is an alternate route the trucks could take, concluding that Blondeau’s company is not “irreparably harmed” by waiting until the June 20 court date.


“We’re disappointed in the judge’s ruling but we realize it’s a difficult decision to make,” said Roragen. “Right now we’re focusing on June 20.”


City Attorney Ron Keefe said the city was pleased with Solka’s decision.


“But as he made very clear this relates only to the plaintiff’s request for a preliminary injunction. It does not resolve the case in its entirety,” Keefe said. “That decision will likely come after the hearing on cross motions for summary disposition on June 20.”


In August 2007, the Marquette City Commission voted unanimously to enact the ordinance. Residents said trucks from Blondeau Trucking and other companies kicked up dust and created noise and other unsafe living conditions.


The trucks, which are loaded with limestone at the Shiras Steam Plant’s loading dock, traveled up Genesee Street and onto Division Street to get to M-553, before delivering the limestone to be used in Cleveland Cliffs Inc. operations.


Blondeau’s lawsuit against the city states the truck traffic ordinance is unreasonable, arbitrary and irrational. It states the ordinance unfairly singles out one company and unreasonably prohibits truck traffic on a historically-recognized truck route. The suit alleges that alternative routes through the city are more dangerous and unreasonably subjects Blondeau’s employees and property to risk. By routing the trucks through high-volume traffic, the suit alleges it presents a greater risk to the general population.