HEARING THIS WEEK
by David Sheldon
May 9th, 2016
There is a legal case in Oakland Circuit Court this year that may have far reaching implications for those of us in Michigan who hope to avoid a smart electric meter by going off grid.
Georgetta Livingstone has been forced to develop alternative sources of electric power since DTE denied her service in July 2014. Her story is very well described in this flyer that has been circulated in her community.
The lawsuit was brought by her Oak Valley Estates Homeowners Association, which has been demanding she not use alternative energy sources and accept a smart meter. This association has been imposing fines for every day that she continued to use her generator and other devices. If a court ultimately enforces these fines Georgetta could very well lose her home.
The status of this case now is that it has been set for a trial next October. In the meanwhile, however, Georgetta has filed a counter suit against the Homeowners Association. The association has filed a Motion for Summary Dismissal of her counter claim. There is to be a hearing on this motion this Wednesday, May 11th before Judge Hala Jarbou in the Oakland County Circuit Court in Pontiac. The motion is called for 8:30 am along with all the other motions Judge Jarbou will be hearing that day. Motion hearings usually last about 10-20 minutes each. While we hope that Georgetta’s counter suit survives this hearing, the burden of proof on the original suit still rests on the Homeowners Association and the trial next October will still be scheduled whichever way the judge rules on the motion this week.