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Tavern at Tina's to Remain Open; Final Orders for Bypass Lane, Court Costs Met

The owners of Tavern at Tina's have fulfilled a Macomb County Circuit Court judge's orders to build a southbound bypass lane and pay court costs to Macomb Township by Oct. 15.

The ongoing legal battle between Macomb Township and the owners of Tavern at Tina's appears to have at last reached its end.

Macomb Township Clerk Michael Koehs confirmed Monday that Tina's owners, TTCH Development, had completed work on a southbound bypass lane opposite their North Avenue property and deposited a check with the township attorney to cover the court costs accumulated by the township during the ongoing legal dispute per a Macomb County Circuit Court judge's Sept. 25. order.

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Judge James Biernat, Jr. gave TTCH until Oct. 15 to build the bypass lane and pay the township $4,500 to cover associated attorney and court costs. Biernat told Tina's owners that if they did not comply with this deadline, they would be closed at 5 p.m. Oct. 15.

Koehs said he was informed by the township attorney that a check from TTCH for $4,500, the court-ordered amount, had been delivered Monday afternoon and that to his knoweldge, the bypass lane had also been completed.

These orders stem from the January 2011 consent judgment signed by TTCH Development and Macomb Township following some three years of legal disputes. Per the consent judgment's original terms, Tina’s owners, sisters Cathy and Mary Jo Imbronone, had until June 1 to build a bypass lane on the west side of North Avenue.

When that deadline passed and the work was not completed, Macomb Township's legal counsel asked the court to hold TTCH Development in contempt of court and costs.

On Aug. 29, Biernat ruled to give TTCH Development until Sept. 24 to complete the work. When that deadline passed and the work was still not completed, the judge ordered TTCH Development to reimburse the township for approximately $4,500 in court costs and attorney fees.

Richard Taubman, attorney for TTCH Development, told Patch in a previous interview that the Imbronone sisters had been unable to get bank support for the bypass project and had to borrow from an individual to cover the cost of the work, completed by Clancy Excavating of Roseville. 

Provided the check is approved and the Macomb County Department of Roads finds no issues with the bypass lane, the matter of TTCH Development LLC vs. Macomb Township will be closed.

Read Patch's coverage of this issue starting in 2010.

Jenny Whalen October 16, 2012 at 01:37 PM
Does the southbound bypass lane seem to be alleviating traffic backup into the intersection?
M McK October 16, 2012 at 02:11 PM
From what I saw last night, it doesn't appear that they added a "bypass" lane. What I saw was a left turn lane added, and the road widend with a strip of black top to allow for the additional road width.
HappyVoter October 16, 2012 at 02:58 PM
That's what was needed... Cathy and Mary Jo may be stubborn, they may be misguided, and they may be any number of other adjectives, but in this case they (finally) appear to have followed the letter of the law. I don't think they deserve a cookie or anything, since they got done in just a week or two what they've been fighting for three years, but it'll be nice to finally put this issue to bed. It'll be nice to let them get back to the business of catering and let the elected folks get back to governing without contending with lies, innuendo, and special interests trying to line their own pockets.
Tom Pfeifer October 16, 2012 at 07:23 PM
Now the legal battle has ended, can the Township now work on eleviating the trafic problems at the intersection of 23 Mile and North Ave ? It appears the lights are not timed properly, which causes problems for people entering and exiting Tinas as well as CVS.

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