Wayne County Circuit Judge Annette Berry has handed a significant blow to Detroit Thermal in the long-standing dispute over the utility company's plans to reroute steam lines through historic Lafayette Park. The decision, issued in a 22-page opinion, rejects Detroit Thermal's main legal arguments and keeps in place a court order blocking the company from accessing the private property for the project.
The dispute centers on the legitimacy of decades-old easements originally granted to Detroit Edison, which would allow Detroit Thermal to cross into the protected greenspace. However, Berry concluded that these easements were narrow in scope, granted for specific purposes, and described as licenses rather than permanent property rights.
Furthermore, the judge ruled that even if the easements are valid, they cannot be expanded to create a new or greater burden on private land than originally contemplated. This finding supports the plaintiffs' argument that the easements have been abandoned or automatically revoked due to changes in ownership of the land and the fact that the steam system has gone unused for decades.
Berry also rejected Detroit Thermal's claim that the lawsuit was filed too late and that any alleged harm was speculative. The judge found that the residents adequately alleged Detroit Thermal entered the property without authorization after fencing off portions of the greenspace and bringing in heavy equipment earlier this year, which could constitute trespass if the easements are no longer valid.
The court declined to dismiss the residents' nuisance claims and refused to send the case to the Michigan Public Service Commission, ruling that the agency regulates rates and service, not property ownership or quiet title disputes. As a result, the case will proceed towards trial.
Detroit Thermal has criticized the court's rulings, warning they could have far-reaching implications for the use of public utility infrastructure in the state. The company stated that if the rationale underlying these orders stands, it poses grave risks to residents who rely on the steam service and to all users of public utility services.
In contrast, townhome residents argue that the dispute involves private property rights and a nationally protected historic landscape, not routine utility maintenance on public land. They claim that Detroit Thermal is mischaracterizing the case and that the court's decisions are in their favor.
A jury trial has been scheduled for July 2026, with the temporary restraining order issued by Berry remaining in effect until then.
The dispute centers on the legitimacy of decades-old easements originally granted to Detroit Edison, which would allow Detroit Thermal to cross into the protected greenspace. However, Berry concluded that these easements were narrow in scope, granted for specific purposes, and described as licenses rather than permanent property rights.
Furthermore, the judge ruled that even if the easements are valid, they cannot be expanded to create a new or greater burden on private land than originally contemplated. This finding supports the plaintiffs' argument that the easements have been abandoned or automatically revoked due to changes in ownership of the land and the fact that the steam system has gone unused for decades.
Berry also rejected Detroit Thermal's claim that the lawsuit was filed too late and that any alleged harm was speculative. The judge found that the residents adequately alleged Detroit Thermal entered the property without authorization after fencing off portions of the greenspace and bringing in heavy equipment earlier this year, which could constitute trespass if the easements are no longer valid.
The court declined to dismiss the residents' nuisance claims and refused to send the case to the Michigan Public Service Commission, ruling that the agency regulates rates and service, not property ownership or quiet title disputes. As a result, the case will proceed towards trial.
Detroit Thermal has criticized the court's rulings, warning they could have far-reaching implications for the use of public utility infrastructure in the state. The company stated that if the rationale underlying these orders stands, it poses grave risks to residents who rely on the steam service and to all users of public utility services.
In contrast, townhome residents argue that the dispute involves private property rights and a nationally protected historic landscape, not routine utility maintenance on public land. They claim that Detroit Thermal is mischaracterizing the case and that the court's decisions are in their favor.
A jury trial has been scheduled for July 2026, with the temporary restraining order issued by Berry remaining in effect until then.
and i saw someone on reddit saying that it could affect the whole city's energy grid if Detroit Thermal gets to use that old easement idk how true that is tho 
anyway i was thinking of going to detroit soon wanna go with me? btw what's the deal with steam lines again? do they just, like, run around everywhere? 
can someone explain to me why this is important?
...the judge should be more careful in her ruling 
...but if I was one of those residents, I would be worried that my property rights will be violated 
...it's not just about the steam lines, it's also about preserving our history and culture 
...I hope the jury trial in 2026 will give us some clarity on what really happened 
I mean, can you believe this judge just shut down Detroit Thermal's plans to mess up historic Lafayette Park? 
This ruling gives hope to everyone fighting against corporate overreach. Bring on the trial in July 2026! 
#JusticeForLafayettePark! The fact that she's standing up for the people and their property rights is amazing 
. I mean, Detroit Thermal was trying to sneak in a major project without even consulting the community, which is just not cool 
#LafayetteParkDeservesRespect!
. and let's be real, if thermal was really worried about residents relying on steam service they shoulda done something 40 years ago when it was actually in use... instead theyve been sitting on this relic steam system collecting dust 
. anyway, now we get to see how this all plays out in court, hopefully some sense prevails and thermal has to deal with the consequences of their actions 
. i think the court was right to rule that those easements were only meant for specific purposes and not some kinda permanent property rights 
. anyway, a jury trial is coming up in july 2026 so we'll see what happens then 
...
. Detroit Thermal was trying to bully their way into Lafayette Park without permission, which is a major no-no. The judge got it right by blocking them from accessing the private property - it's not up for grabs just because you need something.
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They're tryin' to sneak this utility line through a historic park and now they're bein' all like "oh no, we didn't get permission" but really they've just been sittin' on that land for years doin' nothing. I mean, who wants some big corporation comin' in and ruinin' a beautiful spot like that? 
The townies are gonna win big time in that trial, mark my words! 
! I mean, it's crazy that they were gonna reroute steam lines through this historic park without even consulting the owners or residents first 
. But at the same time, I get why the residents are upset - they were literally told that the company was just gonna go ahead and use their land without permission 
The judge was spot on in saying that those easements were way too broad and not valid enough to override the private property rights of the landowners. It's all about respecting the community, you know?
The fact that the court refused to send this case to the Michigan Public Service Commission is a good thing too – that agency isn't exactly known for looking out for people's interests.
They're all like "oh but we need to access the property" but really it's about them wanting to exploit the land for their own gain 
And the residents are totally right, this is all about protecting private property rights and preserving the historic landscape 
#JusticeForDetroitThermal
this decision is huge for historic preservation & property rights 
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. But hey, at least it means that people care about preserving Lafayette Park and its history 
But in reality, the residents had every right to fight for their property rights and their historic landscape.
! It's a huge win for the community and the environment. I mean, can you imagine if Detroit Thermal just went ahead and started messing with Lafayette Park without even getting permission? 
That would be crazy! Thankfully, our judge, Annette Berry, is on it and refusing to let that happen.
. These townhome residents didn't just sit back and let Detroit Thermal get away with their plans – they stood up and fought for what's right, and it paid off! 
️. We have a responsibility to protect our environment, our history, and our communities from corporate overreach