Judge lets bridge toll lawsuit move forward, removes Bay City from case
Motorists’ claims over access and toll charges to proceed as case enters discovery phase
BAY CITY, Mich. - A federal judge has allowed core claims to move forward in a lawsuit challenging toll practices on the Independence Bridge in Bay City, while dismissing the city from the case.
In a decision issued after the close of business Tuesday, the U.S. District Court for the Eastern District of Michigan granted in part and denied in part motions to dismiss filed by defendants. The court dismissed the City of Bay City as a defendant but rejected an effort by the private bridge operator to end the case entirely.
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The lawsuit was filed on behalf of a group of motorists who allege they were improperly charged tolls and denied the level of access promised following the bridge’s reopening. The case is being led by Hemlock attorney Philip L. Ellison and Bay City attorney Matthew Hewitt.
The court ruled that claims of breach of contract, implied contract and unjust enrichment may proceed, finding the allegations sufficient at this stage of the case. Several other claims, including one based on the public trust doctrine, were dismissed.
According to the court’s ruling, plaintiffs allege that motorists paid tolls and purchased monthly passes “with the understanding that they would receive consistent, reliable access to the bridge,” but instead encountered “repeated closures and restricted hours.”
The court said those allegations are sufficient at the pleading stage to support claims for breach of express and implied contract, as well as unjust enrichment.
The court’s analysis emphasized that the case will turn on “what was promised to motorists and what was actually delivered,” focusing on whether payments made by the public were exchanged for access that may not have been fully provided.
With the city dismissed from the case, the lawsuit will proceed solely against the private entity operating the bridge, Bay City Bridge Partners.
The case now moves into discovery, where attorneys are expected to seek documents, communications and testimony related to tolling practices, bridge operations, marketing representations and access during the relevant time period.
The case is pending before U.S. District Judge Mark A. Goldsmith in Detroit.