HELP! NEEDED NOW

The 5 day hearing of MCWC v Nestle will begin on Monday, July 6 at 9:00 a.m. in Big Rapids. The location has been moved to the Big Rapids City Offices at 226 N. Michigan Av., Big Rapids, MI.

MCWC's funding has dropped way down this past year and I know other organizations are facing the same difficulties. We need an emergency action alert for funding this hearing. MCWC is finding itself falling farther behind in being able to pay legal fees and expert costs.

To help defray costs, MCWC's lawyers and experts will be staying at Gary's and my house for the hearing and will be arriving on the 5th. Roseanne Sapp has offered to bring a meal one night and that is much appreciated. I would like to ask if others would like to do the same, either breakfast foods, evening snacks, or help with a dinner. Please email me tswier@centurytel.net if you can help.

As you know, MCWC is in the longest running bottled water battle with Nestle anywhere, having started in December 2000 and gone through trial, appeals, and remand injunction proceedings for almost 9 years now.  MCWC and its 2000 members funded this by bake sales, raffles, garage sales, and an occasional grant. We have raised over $1 million for expert witness fees, attorney fees, and costs over the first 8 years. This has been an extraordinary effort.  The firm of Olson, Bzdok and Howard has charged fees that are 3/4 of normal and contributed or waived an additional $100,000 in fees over these years.   

 MCWC is now faced with another lengthy hearing on issues it has won.  MCWC's experts are prepared to show the Court that new facts since the injunction was entered into in January 2006, facts that will demonstrate why the injunction should be modified to better protect the stream from early May to October in the drier years.  MCWC's experts are also prepared to rebut Nestle's claims that it should be able to pump 50 gpm or 30% more when in fact it should pump less.  The injunction limits have generally protected the stream, except in the drier years such as 2007.

However, we are facing not only an astounding loss and debt from all of this, but another $60,000 in expenses to contest Nestle from now through the end of the hearing this Summer.   MCWC needs help, and fast, to keep going. Please send your donations to MCWC - P.O. Box 1 - Mecosta, MI 49332.

Thank you.

Terry Swier
Michigan Citizens for Water Conservation