Hagar Township officials are filing more Freedom of Information Act (FOIA) requests with Berrien County government officials, looking for any and all legal bills associated with the Berrien County Drain Commissioner Chris Quattrin’s lawsuit against the Michigan Department of Environment, Great Lakes, and Energy (EGLE).

At the July 11, 2024, meeting of the Berrien County Commission, County Administrator Brian Dissette noted for commissioners that legal bills related to the lawsuit initiated by Commissioner Quattrin, at last check, stand at $671,207.68. Hagar Township Trustee Peter Colovos said the legal fees are likely higher than that because the legal bills stopped being reported to the county months ago.

“What I’m looking for specifically is information and clarity on the financial condition and the amounts of money that are being spent now on legal fees for multiple districts.”

The lawsuit stems, in part, from work on the Tanner Creek Drain in the Bridgman area. EGLE said work on the drain was performed in violation of the state’s Sand Dunes Protection and Management Act because required permits and exceptions were not obtained. According to the state, the drain is part of a designated critical dune area.

Hagar Township is not in the drain district that’s involved in the lawsuit. However, when the suit is concluded, Colovos said it’s possible the legal bills associated with the case would have to be paid by taxpayers — not just in Bridgman, but across Berrien County.

“The funding of those lawsuits impacts all of us as a county, edge-to-edge. So we don’t know yet how it will get assessed. It could get assessed to Hagar. That’s what I want to know.”

Colovos added that the outstanding bill might also affect Berrien County relative to its bond rating – threatening to drive up the cost of any current or future county borrowing.

WSJM reached out to Commissioner Quattrin for comment on the new FOIAs and the discrepancy between publicly stated amounts of the legal fees related to the drain commission’s lawsuit with EGLE. Quattrin stated on the WSJM Morning Show on July 9 that the legal fees were estimated at $400,000, not the $671,207.68 reported by county officials.

Quattrin replied to the inquiry by email, indicating portions of the FOIA request were unrelated to matters that should concern Hagar Township trustees. According to the Michigan Attorney General, Michigan’s Freedom of Information Act, MCL 15.231 et seq, “provides that all persons are entitled to full and complete information as to a public body’s fulfillment of statutory functions and concerning the inner working of government in general.” It does not indicate whether a public matter must concern an individual or not.

Quattrin wrote in his response:

“If you have received a copy of the same FOIA request that I received today, it was sent by Peter Colovos, a Hagar Township Trustee who is closely aligned with my opponent in the August primary.  It is not clear to me why Mr. Colovos, acting as a Trustee of Hagar Township, is seeking information about matters that do not pertain to his township.  If you have read Mr. Colovos’ FOIA request, you will note that it refers very specifically to legal work involving the Grand Mere Drain and the Grand Mere Lake Level which, as you probably know, are located in Lincoln Township, not Hagar Township.  Your email states that ‘it sounds like there’s a discrepancy between the publicly stated amounts of the legal fees related to the lawsuit with EGLE.’  The EGLE lawsuit, however, is unrelated to either the Grand Mere Drain or the Grand Mere Lake Level.  So, Mr. Colovos’ FOIA request is clearly unrelated to litigation with EGLE.  There is no litigation being conducted by my office on behalf of either of these two entities and EGLE. So, I’m unable to respond to your question, because it doesn’t make sense given the context of the FOIA request.”

A copy of the FOIA request from Colovos submitted to Quattrin along with Berrien County’s corporate counsel, the county administrator, and the law firm representing the drain commission was shared with WSJM. The request included the Tanner Creek project, which is the subject of the ongoing litigation with EGLE. Quattrin has since stated he will review the FOIA request again.

Quattrin is up for re-election and faces two challengers in the August 6 primary.