KALAMAZOO (WKZO-AM) — A professor at the Western Michigan University-Cooley Law School in Lansing says three lawsuits filed against the state and Flint in the wake of the city’s water crisis have merit, but also says there’s a chance all three will get thrown out.
That’s because of governmental immunity. Christopher Hastings says a federal damage-seeking suit tries to get around that by citing the Fifth Amendment.
“They’re saying the state government has no right to take our stuff away from us without due process,” Hastings said. “And look what they’ve done — they’ve taken away our health and our property values by serving us poisoned water.”
The same road block exists in a Genesee County suit to stop non-payment city water shutoffs.
“The claim there that the immunity has been waived because the municipality is providing services for a fee,” Hastings said.
The same hurdle is there in a Michigan Court of Claims suit that attempts to pin the disaster’s financial responsibility on the state.
Hastings says it’s not clear how long it’ll take to resolve each case.
– Anthony Pollreisz
