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HB 4463 and HB 4464 (See link to language in these bills below) were voted out of the house and into the Senate where they currently reside.    These two bills attempt to overturn the Jacob's ruling and re-instate the marinas at the road ends.  You can make a difference by contacting your senator and expressing your displeasure and opinion of these two bills to them.   

Some talking points for your convenience:  (provided by Michigan Waterfront Alliance)

The Legislation would be Unconstitutional:  While it is true that the Legislature can effectively "overturn" court decisions involving existing statutes by amending the statute, the Legislature cannot take away property rights and deprive a person or entity of property without due process and without paying compensation - that would be unconstitutional.  For the overwhelming majority or road ends in Michigan, the adjoining riparian property owners own the land under the public road right-of-way/easement to the center thereof. See Shell Oil vs. Village of Kalkaska, 433 Mich 348 (1989); Morrow vs. Bott, 203 Mich App 324 (1994); Loud vs. Brooks, 241 Mich 452 (1928); and Thies vs Howland, 424 Mich 282 (1985).

The Legislation would be Invalid:  Just as Lyon Township at Higgins lake could not by ordinance expand usage rights at public road ends, neither can the Michigan Legislature legislatively expand the usage rights at public road ends by legislation.  Jacobs vs. Lyon Twp. 199 Mich App 667 (1993);  Higgins Lake Property Owners Ass'n vs. Gerrish Township, 255 Mich App 83 (2003); Lyon Township vs. Higgins Lake Property Owners Ass'n, (unpublished Michigan Court of Appeals, Case No. 265162, dated April 11, 2006).

The Legislation would betray the public trust:  Even if the proposed legislation did meet constitutional challenges, these bills would deprive the vast majority of the public of the space in the water at public road ends that allows the public to go into and out of the water.  Little children would now have to swim and play around a long line of boat hoists.  The people who like to fish would also be impacted. At the Committee on Tourism, Outdoor Recreation and Natural Resources hearing held on March 20, 2007, Kelly Huntsman, a representative of the Higgins Lake Civic Association, testified that when there were approximately 500 boats moored at the public road ends at Higgins Lake everything was great.  She is right. Everything was great for the 500 private individuals who took over the public right of way for the whole summer with their boats and hoists.  It was a shame for the other 6500 near shore summer residents who accessed the lake around all those 500 private boats and hoists.  This legislation would create a circus Coney Island like atmosphere on all the lakes in Michigan that have roads dedicated to the Public in the State of Michigan.  According to an attorney who helped write the proposed Bills, "all the Bill's supporters want this Bill to do is to allow private hoists and boats to be placed at the Public road ends in Michigan". This is why the Michigan Townships Association oppose these Bills, as does the DEQ ad the DNR.

If a Township wants to create a Marina:  To create a legitimate marina, all the township has to do is buy lakeshore property and get a DEQ Marina Operating Permit.  Part of the DEQ permitting process ensures sound water and lake shore management including balancing the needs of the public and the private waterfront owners.  If these Bills pass, it would be devastating to Michigan's legitimate marina operators and wreak havoc on the environment of Michigan's Inland Lakes!

These Bills would be unworkable:  Under this legislation, townships could "subcontract" with private neighborhood associations and individuals, who would then operate the floating "marinas" at public road ends.  It is not difficult to predict how that would work out.  The friends and supporters of the township supervisor and township board would most likely be the ones who end up with the free seasonal wet storage at public road ends.

The legislation would create commercial activities in mostly single family residentially zoned communities:  How would you like it if your township decided to make a seasonal RV parking lot on the road in front of your house?

As I wrote to you in January of 2007, at the end of the past boating season, at almost every adjudicated road end at the lake, the Jacob’s ruling, prohibiting road end mooring, was respected.  A letter has been sent to the few violators advising them that, should they moor at a road end this coming summer, they will be taken to court.  We have initiated court action against the two most blatant violators. The Department of Environmental Quality (DEQ) has ruled that Maplehurst and Hitchcock road ends were being operated as marinas without permits.  Citations were issued followed by a DEQ and Court ruling that the boats must be removed.  There should be no boats at these two road ends this coming summer, much to the relief of the adjacent riparians.

 As you know, from our last letter and information posted on our web-site -- www.hlpoa.org -- there have been some local discussions between our members and HLCA members in three subdivisions, MCP1 (known as Kelly Beach area), Almeda Beach, and Sovereign Park about some increased legal access.  In exchange our members would have the subdivisions replatted in a way that would eliminate all “paper roads.”  This would end recreational activities and pedestrian traffic by their front windows.  The HLPOA offered not to pursue legislation to codify the Jacob’s ruling if the HLCA would not pursue legislation to circumvent the Jacob’s ruling.   This offer was turned down recently by the HLCA at a meeting also attended by the Lyon and Gerrish Township Supervisors, and representatives of the Roscommon County Road Commission, Department of Natural Resources (DNR) and Joel Sheltrown.  Everyone in the room felt that we should pursue additional local legal access; only the HLCA and possibly a Lyon Township Trustee, were in favor of a statewide statute to give local units of government control of road ends and would allow boat mooring at road ends.  The HLCA wants additional local access and also to overturn Jacobs at the state level.  They want to have it both ways.

 The HLCA decision is very unfortunate.  During the grant process for the Gerrish Township Marina the Township was told by the state that Higgins Lake has “more than enough public access.”   This is the reason that it is not called a marina but the Gerrish Township Park . The Township would have been disqualified for grant funds if the request were for just additional public access to Higgins Lake .

 In the last year the state has allowed a “drop and go” policy at the two state parks and the west launch site when they reach capacity.  This coming summer Lyon Township and the DNR have agreed to expand the west launch site parking area to accommodate an additional eighty (80) vehicles.  In light of these major increases in access opportunities we can only conclude that the HLCA’s goal is not additional access but preferred access at their specific road ends.  Some HLCA members have actually told us they want deeded access.  We need to assure retention of the previous court rulings and not subject local officials to increased political pressure.

 This past summer the HLCA replaced their moderate president and vice president with two hard line individuals. Both of the new officers have, in the recent past, defied the DEQ, the courts and the requests of both township supervisors (Lyon and Gerrish).  It even required Lyon Township to resort to court action to get the required compliance.  The HLCA also replaced their attorney of the last twenty years.  We can only conclude that their only goal is to attempt to overturn the Jacob’s ruling by whatever means necessary.  The fact they turned down our offer to not seek a legislative solution will require the HLPOA to be very active both legislatively and in the court system.  

I am sorry to say that this means that the costs for our lobbyists and attorneys will obviously increase this year. I ask that when you send in your dues, that you consider what it is worth to have uncluttered road ends and a cleaner and environmentally healthy lake.  We are asking you to be generous with your donations to our legal and general funds, so we can protect your riparian rights and maintain protection of the road ends at Higgins Lake .  We have enclosed a second dues envelope with the hope that your relatives and adult children who enjoy the benefits of Higgins Lake will consider joining our organization and support our efforts to protect this beautiful lake.

 There are two other issues that we will have to keep an eye on regarding additional pressure on the lake. One is a proposed amusement park complex in the advanced planning stages in the Grayling area off I-75 near 4 Mile Road .  If this complex materializes it will be a Cedar Point type of amusement park with a hotel and other facilities.  Secondly, on the North side of Higgins Lake there are three new subdivisions and more are planned.  Higgins Lake is a finite resource and we must be prepared for increased pressure for access and the impact this growth will have on our lake, and it must be protected from unreasonable pressure so that we can protect its delicate environmental balance.

 Speaking of environmental issues, Rick Meeks has been very busy testing the lake water and working with numerous groups to keep the lake healthy.  There is going to be a new environmental group that will replace the disbanded Higgins Lake Advisory Committee.  The difference is that the supervisors of both townships will chair the committee and all local and state officials will be represented at the quarterly meetings.  Having all the decision makers in the room will allow us to cut through all the red tape and move forward more quickly in obtaining grants and initiating projects which impact the lake.

 There are so many things we have been involved in regarding environmental issues and community activities that I do not have room to detail them in this letter.  We will have more articles in our Spring Waterlines newsletter (due out in May 2007) that you will find interesting and enlightening.  You will be proud that your organization is doing so much to protect the health of the lake and make our community a better place to live and visit.   (due out in May 2007) that you will find interesting and enlightening.  You will be proud that your organization is doing so much to protect the health of the lake and make our community a better place to live and visit.  

In closing, I want to let you know that your Board of Directors will be diligent and relentless in protecting Higgins Lake and your riparian rights. 

Sincerely,

Pat Springstead, President 

March 2007 -- Two new bills addressing road end marinas have been introduced in the House of Representatives.  These bills are HB 4463 and HB 4464, and may be viewed by clicking on the link below.  Then click on the district map and list of representatives to find your local representative and corresponding phone numbers and e-mail.  You may also visit www.mi.gov, click on legislature and then look up any bill numbers and view their activity and progress.  The intent of these two new bills is to place marinas at road ends where a road ends at a body of water in the State of Michigan.

The House of Representatives held a hearing on March 20, and the bills were not voted on at this meeting.  Another hearing will be held when the House returns after Easter, sometime after April 15th.  

Please take the time now to write (preferred), phone call, (or e-mail), your local Representative and let them know that you are opposed to these two new bills.  A written letter mailed to the appropriate parties is the preferred method of action.  

Thank you very much.  

HB 4463 language    

HB 4464 language

Quick Links to Michigan Legislature:  district map  List All Representatives

 

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Fall 2006 Waterlines Newsletter - (click here)

 

Update:  December 22, 2006.   

I regret to report that the HLCA has made the unfortunate decision to pursue legislation to overturn the Jacob's ruling. As you are aware Bill Carey and I approached Gerrish Township early last spring to offer our assistance in increasing access to the lake in area's that would also help our members. We then had a meeting with Tom Koscinski and Bill Horton the attorney for the HLCA. We, as a group agreed that we would work toward a comprehensive agreement in Gerrish Township.

Bill Carey was working with Bill Horton in regard to an agreement in Alemda Beach and MCP1 (Grosbeak area) and Rick Meeks and I were working on Sovereign Park. This past summer the HLCA changed leadership and their attorney of twenty years. Tom Koscinski , the vice president and Bill Horton were replaced by hard-line members Ric Federau and John Shreck and they hired Chris Bzdok, an attorney from Traverse City.

Our attorney and I again approached the Township and the office of representative Sheltrown to let them know that we desired an amicable and legal solution to the lake access issues. Through the Townships and Sheltrown's office a meeting was arranged to attempt to facilitate an agreement. Also there was a meeting in Lansing on October 28th between the lobbyist and attorney's who represented both sides and three state representative's and their staff. Chris Bzdok the attorney for the HLCA attempted to argue that the State had the authority to over rule the court's and redefine the scope of the dedication at the road ends. The meeting ended with the two sides agreeing to disagree regarding this legal argument.

When the Democrats won control of the house in November it seemed to change the dynamics of the situation. I had a meeting the next day with Greg Gaylor and Brady Shickinger at which time Brady informed us that the HLCA was going to seek a legislative solution because of the change in leadership. This idea was very upsetting to Supervisor Greg Gaylor and he voiced it to Brady. I believe due to Gaylor's obvious displeasure I received a phone call from Brady by the end of the week informing me they had changed their minds and would agree to continue the talks.

However it soon became clear that this was not their intention because of the lack of cooperation on getting the groups in the subdivisions together. I had attempted for six weeks to get names and arrange dates for meetings with no success. Two weeks ago after being rebuffed on numerous attempts I threw the ball into Supervisor Greg Gaylor's court to see if he could get through to the HLCA leadership. Being put in the situation where they had to go public with their position I received a phone call from Ric Federau. When I returned his call he informed me that they had invested a lot of money in their lobbyist and thought that they were in a strong position in Lansing. Therefore they were going to pursue legislation to circumvent Jacob's in the next session of the legislature.

It is unfortunate the HLCA would not take this opportunity to seek peace and increased legal public access to the lake. They have put the subdivision involved and our members in general in a position that we cannot agree to a local solution that has the threat to be held null and void by the legislature. Immediately after the first of the year I will sit down with our attorney's and lobbyist and discuss our options regarding this unfortunate decision by the HLCA. Rest assured that we will pursue ever legal and legislative remedy necessary to protect our members riparian rights that the court's have consistently upheld all the way to the Supreme Court of Michigan.

Thank you and may you and your family have a Happy Holiday Season:
Pat

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Update December 5, 2006

During the first week of November both area papers, the Roscommon Herald and the Houghton Lake Resorter, ran articles stating that the HLPOA, the Higgins Lake Civic Association and local government agencies were discussing lake access issues.  We would like to clarify exactly what these discussions entailed and how they would affect the lake and our members.  The focus of the discussions was very narrow and would affect people in only three subdivisions.

Carey & Jaskowski, P.L.L.C. represent the riparians in all three subdivisions; Sovereign Park, Almeda Beach and the 1st  Addition to Michigan Central Park.  All three subdivisions have platted boulevards that run parallel to the lake.  Each of the boulevards present problems for the adjacent riparian owners.  In each of these subdivisions our members literally have people walking and recreating very close to their front windows.  The riparian owners in these subdivisions feel that their lives would be better if, in exchange for some seasonal mooring privileges, the lakeside boulevards are vacated.

We would like to emphasize that the only three areas open for discussion would be the three subdivisions where there is something to be gained for our members.  At the same time, we reiterate the HLPOA will not support any discussion or negotiations that are inconsistent with the Jacob’s ruling.  Any agreement will require a replat to create township parks. Replatting would require agreement by the township, the Roscommon Road Commission, the Department of Environmental Quality and all residents in the subdivisions involved.  If all of the necessary participants agree, a consent judgment would result.  The township would then be responsible for policing the mooring and dockage.

The only other issues being discussed are related to the Baxter Marina (Higgins Lake Boat Yard) and the B&B Marina.  Both the Townships have expressed an interest in the conversion of these marinas from private to public.  Lyon Township may also research the possibility of a public mooring area at the DNR west launch site.  To implement public mooring, the townships would charge market rate mooring fees and a road-end ordinance.  The road-end ordinance would ban mooring at road-ends. Such an ordinance would relieve HLPOA of the responsibility of enforcing the rule of Jacobs by contempt proceedings.

In closing, we would like to emphasize that the HLPOA wants to show a good faith effort to reach an amicable resolution to the access issues which have plagued Higgins Lake for many years.  The HLPOA is serving as a facilitator in the meetings involving the subdivisions that are in conflict.  The final outcome is up to the property owners within those subdivisions. Beyond being a facilitator, HLPOA is being careful to make sure that the Jacob’s rule of law is not modified or compromised in any way.

We would like to wish you and your families a very happy holiday.  While you are away from your beloved lake, please rest assured that HLPOA will be diligent in protecting your interests and the health of Higgins Lake. 

Pat Springstead, President

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September 2005 -- by Pat Springstead

Stepping into the position of President of the HLPOA is a tremendous honor for me, and I look forward to working with all of you in the daily challenges that face our Association and Higgins Lake.  I will be communicating with you often from the President's desk as we move into the 71st year of the HLPOA mission:  To protect, preserve and enhance the quality of Higgins Lake and its surrounding watershed.

My background includes starting out with my father in the restaurant business in 1965, and branching out to owning four establishments over the years.  Often people relate the scenes from "Cheers" as the daily norm of the restaurant business, but after forty years I can truly attest that is far from the case!  It does, however, teach one to hone skills in accounting, ambiance, mediation and a talent to produce a great burger.  The family business, Nemo's, was recently honored in a Sport's Illustrated write-up of the best sport's bars in America and listed us as number three. 

My family started bringing me to Higgins Lake in 1943, so I have a very intimate relationship with this lake and have been witness to the many events and changes through the years.  My wife, Vicki, and I now call Higgins Lake home.  Six years ago, I was asked to join the HLPOA.  I looked upon this as an honor and an opportunity to be involved in the community and preservation of the lake that I cherish.  My responsibilities and activities have included participation in The Higgins Lake Advisory Committee, Chairman of the Political Action Committee, attending Township meetings, and the formation of committees within the HLPOA Board.  

This is a time of change for our community as a whole.  The population is growing, and we are seeing the results of this added pressure on the lake and surrounding area.  There is a new wave of suburbia in our midst, bringing the possibility of a marina at the south end of Higgins Lake to provide the long sought privilege of legal access for local residents.  The legas wheels continue to turn, albeit slowly, and hopefully an end to the feud that has worn too long on community spirit concerning the road ends will soon be over.  The preservation of the quality of Higgins Lake, our forests and rivers will remain an ongoing priority.  Certainly these matters are a concern for all residents.