GERRISH TOWNSHIP TO SEEK AG OPINION

After nearly a six month delay the Gerrish Township Board, at a special meeting on April 23^rd, voted to seek a Michigan Attorney General’s opinion on the legality of boat ramps at public road ends within Gerrish Township . The HLPOA has maintained from the onset that a legal determination was needed.

In November, when the township invited representatives from the Higgins Lake Property Owners’ Association to participate as members of a township’s Lake Access Committee, the HLPOA asked the township to obtain a legal review to determine whether it had the right to authorize installation of boat ramps at public road ends. The HLPOA has been consistent in its stance that: 1) public road ends should be used in the manner that they were intended, 2) the use of road ends must be confined to the original purpose, and 3) proper governmental authorities must regulate the use.

The HLPOA is aware of no decision in which a Michigan Court has considered local jurisdictional authority with respect to installation of launch facilities at public road ends. Michigan ’s Natural Resources and Environmental Protection Act provides little or no direction concerning local authority as it may relate to construction of public launch facilities on the bottom land of inland lakes and streams. While it’s clear the Department of Environmental Quality (DEQ) has final say under the referenced statute, a basic question remains: Is it a municipality ( Gerrish Township in this case), the County Road Commission, both, or perhaps neither that has jurisdiction at the local level when it comes to initiating the process?

Obviously, the answer to this question is paramount with regard to any feasibility study and seemingly must be addressed before the Gerrish Township Lake Access Committee can proceed further.

I applaud the recent action of the Gerrish Township Board in moving forward on this vital legal question. Also of significance is an agreement that HLPOA’s legal counsel will participate in framing the township’s request for the Attorney General’s opinion.

RESTRAINING ORDER REQUEST DENIED

Recent efforts by a Lansing attorney and property owner in Lyon Township to gain a Temporary Restraining Order (TRO) and delay the implementation of the Lyon Township Lakeshore Ordinance has been denied by Judge Michael Baumgartner.

The lawsuit, filed on April 25^th in the 34^th Circuit Court, alleged that Lyon Township Officials acted in a pattern to conceal and misinform the public as to its obligation and the law in deliberating and adopting the Lyon Township Lakeshore Regulatory Ordinance.

Supervisor Paul Tatro, Treasurer Steve Collini and Trustee William Cheek . . . who are targeted in a recall election scheduled for May 20^th . . . rebutted the allegations, indicating they had stepped up to their responsibilities and included control of boat mooring at public road ends in line with established Michigan case law.

In keeping with the Jacobs’ decision, the ordinance permits a single public dock to be installed, but prohibits the mooring of watercraft, placement of boat hoists, lounging, picnicking and sunbathing at public road ends. In other words the lakeshore ordinance supported by these three gentlemen simply enforces what our Michigan appellant courts have said all along. Public road ends are for ingress and egress to the surface water of Higgins Lake and nothing more.

Vote “NO” on May 20^th . . . and retain township officials who lead by obeying the decisions of our State courts.

Ken Dennings, President

Higgins Lake Property Owners’ Association