Delta County commissioners decline to join class action over Michigan Public Service Commission decision

Delta County commissioners on Nov. 5 debated whether the county should join a class-action response tied to a recent Michigan Public Service Commission decision before voting unanimously against participation.

The matter was introduced when commissioners reviewed a letter from the law firm Foster Swift seeking county participation in a class action related to a Public Act referenced in the packet (transcribed as "PA 2 33"). Supporters of exploring the matter said the county should authorize staff to consult with Foster Swift; opponents said the board had no cost estimates, insufficient time to review the materials and concerns about state-versus-local authority.

Administrator Ashley told the board there was a short response deadline, citing Nov. 8 as the date by which the county would need to respond. Commissioners opposing participation urged caution, noting they had not seen detailed cost information and that the planning commission and township stakeholders had not completed their review. One commissioner expressed concern that using a lawsuit could be perceived as an attempt to stop local projects; others said they viewed the underlying mailings as asserting that the Michigan Public Service Commission had exceeded its authority.

After discussion the board moved to vote on joining the action. The motion failed on a 0–5 vote, with no commissioners voting in favor. The clerk recorded the outcome and the board moved on to other business.

The immediate consequence is that Delta County will not be a named participant in the Foster Swift proffered filing; commissioners who raised questions said staff could follow up with the law firm and with townships if there is further information to consider at a later date.