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Health & Fitness

The Troy Multi-Modal Transit Center: A History

A short history lesson on the Troy's Multi-Modal Transit Center and Grand/Sawka's litigious nature.

By now, you've heard about the opinion of the Michigan Court of Appeals concerning Troy's Multi-Modal Transit center.

As the City Council meets in closed sessions to discuss how to see the project through to completion, it's useful to recount its history and how it came about.

If you've lived in Troy long enough, you'll remember the Ford Motor plant that used to occupy the southwest corner of Maple and Coolidge. Sometime before 1999, Ford Motor vacated the property, leaving behind antiquated industrial and office buildings. Grand/Sakwa Properties acquired the land and announced that they wanted to develop it into residential and commercial use buildings. However, Troy was in the process of modernizing it's zoning laws, and hadn't yet enacted a special development district ordinance. Thus, Grand/Sakwa's goal of a “mixed use” commercial/residential tract was delayed.

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Because Grand/Sakwa wasn't getting what they wanted, they lawyered up and sued. Grand/Sakwa sought Declaratory relief, a Permanent Injunction, Mandamus, and Superintending Control. All to force Troy to give them what they wanted.

(Don't think that Troy is the only target of Grand/Sawka's litigious nature. They've sued Sears Roebuck to eliminate an easement and they've sued Northfield Township when they refused to rezone land and meet Grand/Sakwa's demands. These are just couple of the Grand/Sakwa's adventures in Lawyerland. There are more.)

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But recognizing that the project held potential benefit to Troy, the City Council, through the law department, worked with Grand/Sakwa to forge a “consent judgment.” The judgment laid out Grand/Sakwa's original plans, which included a movie theater, parking deck, condominiums, and retail space. In exchange for Troy accommodating Grand/Sakwa's plan to develop all 77 acres for mixed use, the City was granted just over 2 acres to use in developing a transit facility. Troy was given full deed to the two acres for One Dollar.

However, the consent judgment did place several limitations on the use of the City's two acres.

Paragraph 11 of the judgment states, “If the Transportation Center is not funded by the City within ten (10) years from the entry of this Judgment...then the property shall revert to [Grand/Sakwa].”

Furthermore, if Troy were unable to fund the transit project within 10 years, Troy would have the right to purchase the property for “a period of two years at a price to be set by an independent fee appraiser agreed to by the parties.”

So, in the agreement, the City had several options: build the Transit Center, purchase the property for its own use, or simply return it to Grand/Sakwa.

Thus, shortly after entry of the consent judgment, Troy set about developing the Transit Center.

But in 2007, Michigan was facing financial difficulties. Troy asked Grand/Sakwa for a five and a half year extension to continue developing the project.

Instead of working with Troy, Grand/Sakwa simply said “no.”

So Troy continued to work on the project.

Then, in July 2010, Grand/Sakwa lawyered up. Again.

Sakwa filed a motion in Oakland County Circuit Court. Citing the consent judgment, they asked the Court to quitclaim the property back to Grand/Sakwa, arguing that Troy did not have the “funding” for the project. Troy argued the they had adequate funding to build a Transit center, with a plexiglass shelter being sufficient to meet the agreement. Ultimately, the Circuit Court dismissed Sakwa's motion, finding that the consent judgment was unambiguous, project was funded, and Sakwa's argument lacked “merit.”

So Grand/Sakwa called in more lawyers and appealed. And the Appellate Court ruled that because Troy had not been given the federal grant, it wasn't properly “funded.” The Court dismissed the Circuit Court's findings and gave the property back to Grand/Sakwa.

Which brings us to the present moment. If anything is clear from this history lesson, it's that Grand/Sakwa is more than willing to use lawyers to treat Troy like a giant cash piñata. Whack Troy once to get the zoning laws changed to make millions in real estate development. Whack Troy a second time to get the property back. Now they're swinging at Troy for a third time in the hopes of getting a big cash payout from our tax dollars.

And history shows that Grand/Sakwa won't stop until they get exactly what they want.  Your tax dollars in their pockets.

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