James Fawaz spent part of Thursday packing up what remains of his ice cream shop.

Shelves sitting outside were among the last things to go from the Udder Creamery, after just about everything else was sold in an auction.

Fawaz had to shut down last week after falling behind on his rent. Although some harm was done by two break-ins in the spring, Fawaz says the biggest damage was done by MDOT's construction project that started back in April.

"The construction just [dragged] on and on and on and we were lucky if we had 10 customers in a day," said Fawaz. "You're looking to make your money [in the summer] to make it through the fall and winter and next spring, and you're barely making what you made in February."

His business isn't the only one on Saginaw Highway that's shut down or in trouble. Skyline Coney Island closed in July and Fitness USA announced Wednesday it will shut its Delta Township location in late November.

Both blamed, at least in part, construction that made miles of Saginaw a one-way street in some parts for much of the summer.

"If you own a piece of property and the government interferes with it, they're required to compensate you for your losses," said Mike O'Briant, an attorney representing 25 businesses looking to sue MDOT for damages, at least 5 of which are out of business or going out of business.

Although the state is typically immune from litigation in cases of negligence, O'Briant says MDOT showed gross negligence in executing its construction plans.

"MDOT is required to provide reasonable access," said O'Briant. "It would be common sense to say reasonable access was not allowed."

The project is expected to wrap up next week after more ramp closures at M-43 and I-96 over the weekend.

WILX called both the state attorney general's office and MDOT, but both declined comment because of the possibility of pending litigation.

O'Briant says he plans to give the state notice of his intent to sue within a week, but is still looking for additional plaintiffs to join the case.