Detroit Thermal's Plans to Run Steam Lines Through Historic Greenspace Blocked by Judge.
A Wayne County Circuit Court judge has rejected Detroit Thermal’s bid to shut down a lawsuit brought by residents of Detroit’s historic Lafayette Park neighborhood, keeping in place a court order that blocks the utility from running steam lines through the protected greenspace. The decision is a significant setback for Detroit Thermal and residents of the nearby 1300 Lafayette high-rise, who could be left without a permanent heat source if their aging boilers fail again.
The lawsuit centers on whether Detroit Thermal has a valid legal right to use easements originally granted to Detroit Edison in the 1950s. The townhomes were still heated by steam back then, but residents argue that these easements are no longer valid due to changes in ownership and usage of the land. A court opinion concludes that the easements were narrow in scope, granted for specific purposes, and explicitly described as licenses rather than permanent property rights.
The judge also rejected Detroit Thermal's claim that decades-old utility easements give it the right to cross private property without authorization. The company had argued that any alleged harm was speculative and that the lawsuit was filed too late, but the court found that the residents adequately alleged Detroit Thermal entered the property without permission after fencing off portions of the greenspace.
A jury trial is scheduled for July 2026 as the case moves forward with a temporary restraining order still in effect.
A Wayne County Circuit Court judge has rejected Detroit Thermal’s bid to shut down a lawsuit brought by residents of Detroit’s historic Lafayette Park neighborhood, keeping in place a court order that blocks the utility from running steam lines through the protected greenspace. The decision is a significant setback for Detroit Thermal and residents of the nearby 1300 Lafayette high-rise, who could be left without a permanent heat source if their aging boilers fail again.
The lawsuit centers on whether Detroit Thermal has a valid legal right to use easements originally granted to Detroit Edison in the 1950s. The townhomes were still heated by steam back then, but residents argue that these easements are no longer valid due to changes in ownership and usage of the land. A court opinion concludes that the easements were narrow in scope, granted for specific purposes, and explicitly described as licenses rather than permanent property rights.
The judge also rejected Detroit Thermal's claim that decades-old utility easements give it the right to cross private property without authorization. The company had argued that any alleged harm was speculative and that the lawsuit was filed too late, but the court found that the residents adequately alleged Detroit Thermal entered the property without permission after fencing off portions of the greenspace.
A jury trial is scheduled for July 2026 as the case moves forward with a temporary restraining order still in effect.