STATE OF MICHIGAN IN THE 38TH CIRCUIT COURT FOR THE COUNTY OF MONROE

STATE OF MICHIGAN IN THE 38TH CIRCUIT COURT FOR THE COUNTY OF MONROE VILLAGE OF ESTRAL BEACH, a Michigan municipal corporation (Plaintiff) v AREA EXCAVATING & CONSTRUCTION LLC (Defendants) Case No. 25-149040-CK There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the complaint. COMPLAINT Plaintiff states: Plaintiff is a Michigan municipal corporation located in Monroe County, Michigan.Defendant is a Michigan limited liability company with its principal place of business in Gibraltar, Michigan and doing business in Monroe County, Michigan.Defendant entered into a contract with Plaintiff to pour concrete in the area of a new pump installed on property located at or near 6805 Lakeshore Drive for a total price of $57,399. A copy of the contract is attached as exhibit 1.Plaintiff has paid Defendant $30,000 pursuant to the contract on July 19, 2023.Even though almost two years have passed since being paid, Defendant has not begun work on the project and despite repeated inquiries as to when the work would begin, Defendant has not responded or otherwise undertaken any work on the project.Due to the delay in completing the project, Plaintiff has elected to not complete the project and to terminate the contract with Defendant.On March 20, 2025, Plaintiff sent Defendant a letter terminating the contract due to lack of progress and demanded return of the money paid to Defendant.Again on May 1, 2025 a letter was sent to Defendant demanding return of the payment.Defendant has neither responded to the letter nor has the money been returned to Plaintiff.Defendant's conduct as described in this complaint constituted a breach of the contract between the parties.Plaintiff has been damaged by Defendant's breach in the amount of $30,000. PLAINTIFF REQUESTS that this court enter judgment in its favor and against Defendant in the amount of $30,000, plus interest at the statutory rate from the date of filing and that the court grant [him / her] any other relief the court deems warranted. Dated: June 2, 2025 Frederick Lucas (P29074) MOTION AND VERIFICATION FOR ALTERNATE SERVICE VILLAGE OF ESTRAL BEACH, a Michigan municipal corporation (Plaintiff) v AREA EXCAVATING & CONSTRUCTION LLC (Defendants) Case No. 25-149040-CK 1. Service of process upon AREA EXCAVATING & CONSTRUCTION, LLC cannot reasonably be made as otherwise provided in MCR 2.105, as shown in the following verification of process server. 2. Defendants last known home and business addresses are: unknown b. I do not know the Defendant's current home address. 3. I request the court order service by alternate means. I declare the statements above are true to the best of my information, knowledge, and belief. 8/28/2025 Frederick Lucas (P29074) 7577 US-12, Onsted, MI 49265 517-467-4000 ORDER FOR SERVICE BY PUBLICATION/POSTING AND NOTICE OF ACTION VILLAGE OF ESTRAL BEACH, a Michigan municipal corporation (Plaintiff) v AREA EXCAVATING & CONSTRUCTION LLC (Defendants) Case No. 25-149040-CK IT IS ORDERED: 1. You are being sued in this court by the plaintiff. You must file your answer or take other action permitted by law in this court at the above address on or before (28 days after last date of publication). If you fail to do so, a default judgement may be entered against you for the relief demanded in the complaint filed in this case. 2. A copy of this order shall be published once each week in The Monroe News for 3 consecutive weeks, and proof of publication shall be filed in this court. 3. Agent of Frederick Lucas shall post a copy of this order in the courthouse, and at property described in complaint for 3 continuous weeks, and file proof of posting in this court. FILED SEPTEMBER 3, 2025 Judge WHITE September 15, 22, 29 2025 LPET0369922