Detroit Thermal's bid to bypass historic preservation rules and install new steam infrastructure in Detroit's Lafayette Park neighborhood was dealt a significant blow by a Wayne County Circuit Court judge. In a 22-page ruling, Judge Annette Berry rejected the utility company's claim that decades-old easements grant it the right to cross private property, effectively siding with residents who sought to protect their historic townhomes from damage.
The dispute centers on whether Detroit Thermal has a valid legal right to use these narrow-scope easements, originally granted to Detroit Edison in the 1950s. Berry concluded that the easements were licenses, not permanent property rights, and that serving another building outside the protected historic district would exceed their scope.
Furthermore, Berry rejected Detroit Thermal's argument that the lawsuit was filed too late and that any alleged harm was speculative, finding instead that residents adequately alleged the company entered the property without authorization after fencing off portions of the greenspace and bringing in heavy equipment. The judge also declined to dismiss nuisance claims against the utility company, ruling that property ownership disputes rather than regulatory matters fall under the court's purview.
The decision has significant implications for Detroit Thermal and residents of nearby buildings, with estimates suggesting around 600 people could be left without a permanent heat source if the company is unable to reconnect it to the steam system. The case will move forward with a jury trial scheduled for July 2026, as the temporary restraining order issued by Judge Berry remains in effect.
Resident advocates argue that Detroit Thermal's actions pose risks not only to their own community but also to other users of public utility services across Michigan, emphasizing the importance of preserving private property rights and nationally protected historic landscapes.
The dispute centers on whether Detroit Thermal has a valid legal right to use these narrow-scope easements, originally granted to Detroit Edison in the 1950s. Berry concluded that the easements were licenses, not permanent property rights, and that serving another building outside the protected historic district would exceed their scope.
Furthermore, Berry rejected Detroit Thermal's argument that the lawsuit was filed too late and that any alleged harm was speculative, finding instead that residents adequately alleged the company entered the property without authorization after fencing off portions of the greenspace and bringing in heavy equipment. The judge also declined to dismiss nuisance claims against the utility company, ruling that property ownership disputes rather than regulatory matters fall under the court's purview.
The decision has significant implications for Detroit Thermal and residents of nearby buildings, with estimates suggesting around 600 people could be left without a permanent heat source if the company is unable to reconnect it to the steam system. The case will move forward with a jury trial scheduled for July 2026, as the temporary restraining order issued by Judge Berry remains in effect.
Resident advocates argue that Detroit Thermal's actions pose risks not only to their own community but also to other users of public utility services across Michigan, emphasizing the importance of preserving private property rights and nationally protected historic landscapes.
just saw the ruling on Detroit Thermal's plans for Lafayette Park neighborhood... it's like they didn't even try to justify their stupid move 
Judge Berry is a lifesaver (for now) btw, if 600 people in this area lose heat in July 2026 that'll be a total disaster 
. I mean, who thought it was okay to just fence off some greenspace and bring in heavy equipment without even talking to the residents first? 
And now they're expecting them to deal with the consequences of their own greed 
. The judge at least recognized that these easements aren't actually permanent property rights, so I guess that's a small victory 
. Like, can't they see that what they're doing is gonna hurt so many people? The judge made the right call IMHO 
. Those easements don't automatically give them permission to use private property outside of a historic district. It's all about respecting property rights and preserving our history 
. I feel bad for the residents who could lose their heat source, but at least they're pushing back against a company that doesn't care about the community 
. This case is gonna be interesting to follow in 2026 - fingers crossed justice prevails 
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. was there a big backroom deal that fell through? or were residents just super organized and vocal about their concerns? either way, this decision is good news for the community, imo 
. It just goes to show how important it is to prioritize the community over big corporations like Detroit Thermal. I mean, what's a few hundred people without heat in the summer when they could've easily found alternative solutions? Not cool, man 
. And let's not forget about those historic townhomes – they're already struggling to stay relevant, and now we gotta worry about these utility companies coming in and messing with their property rights 
. The fact that Judge Berry sided with the residents is a huge win for anyone who cares about preserving our cultural heritage 
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The fact that a judge was able to see through Detroit Thermal's attempts to use outdated easements to justify damaging historic properties in Lafayette Park is pretty telling... I mean, it's not like they didn't have enough time to prepare a solid argument - the company knew about the easements since the 1950s and had years to negotiate with residents. But instead, they chose to just push forward and fence off parts of the greenspace without permission... that's when things got heated.
and it's not like Detroit Thermal is exactly trying to help the community by installing new steam infrastructure, they're actually disrupting historic preservation 
so yeah, good on Judge Berry for siding with residents and protecting their townhomes from damage 
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! I mean, who wants strangers coming onto their property with heavy equipment and messing up the whole vibe of their neighborhood? The fact that the judge sided with them is just amazing 
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It's not just the Detroit Thermal residents who are affected, but also their families and loved ones... I have a friend whose cousin lives in one of those townhomes, she was literally freaking out when she heard about this 
. It's not just about the residents who are directly affected, but also about setting a precedent for future cases and protecting our collective way of life 
. Can't wait to see what happens in the jury trial next year 
!
that a judge finally stood up for those poor residents in Lafayette Park! I mean, can you even imagine if Detroit Thermal had gotten away with destroying all those historic townhomes? It's like they thought they could just waltz in and do whatever they wanted because of some old easements 
. I mean, we should've known better than to trust some big corporation like Detroit Thermal to act responsibly 
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... it's like, what if we all took a step back and thought about how our actions affect those around us? We might just find that we're not as separate as we think 
. This case is a great reminder that we need to balance progress with preservation 
They were fighting a good fight against Detroit Thermal's plans to damage these historic townhomes in Lafayette Park neighborhood. I mean, can you imagine if our own neighborhoods had easements that allowed someone to just walk all over them without permission? 
. It's not just about 600 people losing heat, it's about the precedent it sets 
. This case is a reminder that our laws and regulations are in place for a reason 
what if we talk about the bigger picture though? historic preservation and property rights... that's kinda cool 
. I mean, what if the changes mess up the historic vibe of Lafayette Park? That would be a shame 
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