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Council authorizes city‑paid independent survey to resolve heated fence dispute after legal objections
Summary
After months of competing certified surveys and an ordinance violation, Dearborn Heights council approved a motion to commission an independent survey for 25470 Kennedy St., with the city covering up to $5,000 and the administration directed to obtain three quotes and return the contract to council.
Council voted to commission an independent survey to resolve a protracted fence and permit dispute involving 25470 Kennedy Street after extended debate and competing claims from the parties involved.
The buildings department reported an outstanding ordinance violation tied to a temporary fence permit and said certified surveys had been produced at different times but some were not in department files. Roger (buildings staff/legal) told council the department had received a certified survey in June 2024 and later issued a violation when a counter survey was not provided, placing the permit in limbo.
The initial motion would have required the losing party to reimburse the city for survey costs; several council members, a practicing municipal attorney on the dais and other speakers raised concerns about authority and fairness. Councilmember Constance and others said the city should solicit multiple quotes rather than effectively direct a single vendor. Councilwoman Denise Malinowski Maxwell objected publicly to procedure and said she had consulted counsel and produced her own survey results.
After amendments and assurances from administration staff that the procurement would solicit three licensed surveyor quotes and return to council for contract selection, council approved an amended motion that: (1) directs staff to obtain three licensed surveyor quotes for an independent survey (estimated budget up to $5,000), (2) charges the city for the survey rather than billing either party, and (3) returns the quotes and recommended contract to council for final approval. The roll call on the amended motion recorded a 4‑2 result in favor.
Council also received legal guidance that a quiet title action in circuit court is an available, alternate remedy; staff said either party may pursue that route, which would freeze administrative action until the court resolution. Building department staff said if a final permit remains unresolved the temporary permit may be revoked and the fence removed, consistent with the code enforcement timeline.
The council additionally discussed recusals and conflicts of interest; the councilwoman involved stated she had sought her own counsel and would follow legal advice.
