Township hires lawyer to fight possible cityhood expansion

Another attorney has been added to the payroll in Oxford, but Supervisor Bill Dunn insisted it’s purely ‘self-defense.?
The township board last week voted 5-2 engage the services of the law firm of Foster, Swift, Collins and Smith, particularly attorney William K. Fahey, to deal with future issues arising from the village’s ongoing efforts to become a city.
More specifically, the firm will represent the township should the village attempt to expand its borders and add portions of the unincorporated township to its proposed city boundaries, Dunn noted.
‘Our firm is well qualified to represent the township in proceedings involving city incorporation and annexation,? wrote attorney Fahey in a March 31 letter to the township board.
According to Fahey, the firm recently assisted the townships surrounding the Village of Bellaire in defeating an incorporation attempt and helped the townships surrounding the Village of Chelsea to limit that incorporation to the village boundaries.
‘Over the last 30 years, our firm has been involved in numerous (state) Boundary Commission proceedings,? Fahey wrote.
Supervisor Dunn said the township’s hiring of Fahey and his firm is necessary to defend against any village attempts to include unincorporated township properties in their proposed city.
‘This isn’t being aggressive, it’s self-defense,? Dunn said. ‘If someone comes into your home and tries to steal your property, you have a right to defend it.?
‘Whatever the village wants to do within its own boundaries is fine. We’re not going to interfere with that,? the supervisor said. ‘But the minute they step outside their boundaries and try to grab chunks of the township, like say Waterstone, they’re going to have a fight on their hands.?
Although the village has not hired a surveyor to help draw any proposed city boundaries, according to Manager Joe Young, cost estimates were obtained for survey work that includes areas of the unincorporated township.
Quotes were obtained for two sets of possible city boundary options ? one with unincorporated areas plus Waterstone and one without Waterstone. Young said the cost estimates for the survey work ranged from $6,000 to $16,000.
In December 2003, the village council hired attorney Thomas J. Ryan to represent its efforts to incorporate as a city. Ryan charges the village $165 per hour plus expenses.
In his letter to the township, attorney Fahey said he charges $295 per hour while the other attorneys in his firm range from $100 to $250 per hour.
‘Believe me, the last thing I want to do is spend more tax money on attorneys, but if the township doesn’t defend itself, the village could carve up our tax base like a roast,? Dunn said.
‘The more township land that becomes part of the new city ? if that even happens ? the less tax money can be collected by the township. That means the (unincorporated) township residents left behind might have to either pay higher taxes or face cuts in service because the overall tax base could be a lot smaller.?
‘We have a duty to our residents to not let that happen,? Dunn said.
As for township residents living in unincorporated areas that could end up as part of the proposed city, Dunn said they would be forced to pay the higher taxes typically associated with city government.
‘We don’t want that either,? he said.

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