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Approved pipeline to be appealed

June 27, 2006

An Ingham County Circuit Court judge ruled in favor of the construction of 20 miles of gasoline pipeline through south Lansing on Friday.

Judge James Giddings said Michigan's Constitution is not being violated by Wolverine Pipe Line Company building the pipeline along Interstate 96.

Tom Shields, a spokesman for Wolverine Pipe Line Company, said they were happy with the ruling.

"We were very pleased with the judge's decision and also glad to see that the new state law was being followed as well," Shields said.

He added that the law says the state, not the city, has unlimited access to working on fenced-in highways or expressways like I-96.

The company wants to add the 20 additional miles to existing pipeline that runs from Jackson to Meridian Road. The city has argued against the construction of the pipeline since 2001, saying the possibility of contamination from it could pose health risks.

Lansing Mayor Virg Bernero released a statement that said the city planned to appeal the decision.

"We'll be able to file the appeal after the judge releases the final written statement," said Lansing City Attorney Brigham Smith, adding that the statement should be completed next week, and the city will then file the appeal.

Randy Hannan, a spokesman for Bernero, said there were various reasons for the city to file a lawsuit.

"The first (reason) is that it is the mayor's duty to protect the health of the residents of Lansing, and second, cities should have the right to deal with the decision like this on where and whether something like this pipeline should go," Hannan said.

But Shields said the pipeline does not pose a great health threat to the city.

"Most experts say this is the safest pipeline in the country with all the latest technology and brand new safety features," Shields said. "The Lansing Board of Water and Light even asked for safety features to be installed and have now endorsed these safety features that we have added."

Smith said they were already working on the appeal and added he was hopeful for a positive outcome in the case.

"In the end, it is always up to the panel (of judges) you get," Smith said. "On the case itself, the constitution is very clear, and it presents that if dangerous pipeline is put through a city without consent or permission from the city then the pipeline cannot be constructed on this certain area."

Even though the decision allows the company to start planning for construction, Shields said it is a little late in the year to get started.

"If the ruling had been made a little earlier in the year, then maybe we could have started," Shields said. "If everything stays the way it is, planning for construction of the pipeline would be next summer."

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