President's Corner
Updated October 9th, 2003
Previous issues: January 2002, March 2002, April 2002, May 2002, June 2002, July 2002, September 2002, November 2002 , January 2003, March 2003, April 4 2003, April 28 2003, September 2003
Supreme Court Denies Leave to Appeal
Legal counsel for the HLPOA advises that the Michigan Supreme Court has formally denied leave to appeal from the January 17, 2003 decision of the Michigan Court of Appeals in a consolidated public access case involving road ends in nine separate subdivisions at Higgins Lake.
In other words, activities such as the installation of boat hoists, mooring of watercraft, picnicking, lounging and sunbathing are now prohibited at road ends in the following Higgins Lake subdivisions by court order: Triangle Park, Old Point Comfort, Sam-O-Set, Whittington Park, Sovereign Park, Honolulu Beach, Evergreen Park, Almeda Beach and Highland.
The denial of appeal by the Michigan Supreme Court affirms the 1993 finding in Jacobs v. Lyon Township and should also encourage legislative action on House Bill HB 4141 and/or Senate Bill 481.
Additionally, officials in Gerrish Township have repeatedly indicated they would address the issue of a road end ordinance for the township, once the Supreme Court ruled on the consolidated cases referenced above. The HLPOA fully expects that to be the case prior to the next boating season at Higgins Lake.