Regulatory, legal and municipal actions affecting the Detroit
International Bridge Company (DIBC) are summarized chronologically from
news reports and official documents. These developments mean that the Ambassador Bridge and its owner:
1. Cannot claim status as a “federal instrument" that is exempt from Detroit zoning laws. 2. Cannot assert eminent domain condemnation authority as a U.S. railroad. 3. Cannot proceed with an agreement to control of Detroit’s half of the Detroit-Windsor tunnel. 4. Cannot continue operating in Canada without federal oversight and regulation. 5. Cannot continue construction work in Windsor on an expanded bridge plaza and possible second span for at least one year. The developments: Lawsuit dismissal upheld: U.S. Court of Appeals justices on Oct. 13, 2005
affirmed a U.S. District Court dismissal of a DIBC lawsuit against the
Detroit River Tunnel Partnership (DRTP). The suit sought to overturn
the DRTP's October 2003 purchase of property behind the Michigan
Central Depot from Amtrak Corp. The appellate court agreed with a
District Court judge that the complaint lacked legal merit Car tunnel deal blocked: Detroit’s City Council on July 28, 2006 rejected an agreement giving future control of the Detroit-Windsor tunnel's U.S. side to DIBC owner Matty Moroun through his Ambassador Port Co., created May 9, 2005. Mayor Kwame Kilpatrick's office negotiated
a $30-million deal in fall 2005 to give Moroun's new company control of
the tunnel for up to 100 years, but council's approval was required.
Councilwoman Barbara Rose-Collins had complained of “under-the-table
dealing." State appeals court ruling: The Michigan Court of Appeals ruled 3-0 on Sept. 14, 2006 to reverse a 2004 Wayne County Circuit Court decision designating the Ambassador Bridge
as a “federal instrumentality." The judges rejected DIBC’s claim that
it was exempt from zoning violations involving its construction of new
customs booths. "DIBC has not presented evidence of any federal law,
regulation or rule that requires DIBC to violate Detroit zoning ordinances," says the opinion. “"Federal law does not preempt the City from enforcing Detroit zoning ordinances to construction projects within the Bridge Plaza." Federal condemnation case: A U.S. District Court judge on Dec. 1, 2006 denied a DIBC attempt to condemn and claim eminent domain on two properties near the Ambassador Bridge
that it says are needed for construction, maintenance and operation of
a planed second span. Judge Prentis Edwards said DIBC lacks authority
to condemn the private properties under a decades-old law that lets
railroad companies assert eminent domain. Windsor fights twin span: The mayor and council members formally asked federal and provincial leaders in December 2006 to dismiss an Ambassador Bridge application to twin its span, citing the impact on Windsor's environment and residents. In letters to the national transport minister and Ontario premier, Mayor Eddie Francis said officials are “concerned about the potential significant harm that a second Ambassador Bridge would cause to residents of the city of Windsor." The company did not consult city leaders before its construction permit application, the letters said.
Parliament adds federal role: House of Commons members in Ottawa gave final approval Jan. 29, 2006 to an International Bridges and Tunnels Act, introduced by Prime Minister Stephen Harper’s government It gives Transport Canada
full control over maintenance, tolls and security of current and future
Canadian border crossings. The Windsor Star put the impact this way: “Michigan
billionaire Matty Moroun will no longer be able to keep the government
out of his business." Moroun’s son and bridge president Dan Stamper
testified twice against the legislation, which forces them to allow
government scrutiny of structural inspection records for the first
time. Brian Masse, a House member from Windsor,
said during December’s final debate that the legislation is "the only
way public interest will be protected and enforced without profiteers' greed overriding political weakness." Windsor blocks construction: A city council interim bylaw enacted Jan. 29, 2007 effectively halts a $20-million Ambassador Bridge plaza expansion by imposing a one-year moratorium on demolition and construction in west Windsor
until a community improvement plan is developed. A dissenting council
member calls it "a declaration of open warfare" against the bridge
company. Stamper decries “a direct effort at impeding any projects the Ambassador Bridge has." The moratorium can be extended for a second year by a council vote.
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