Hamilton Reef
04-13-2007, 10:34 AM
Lake Charlevoix - Lawsuit filed over docks
http://www.record-eagle.com/2007/apr/13docks.htm
04/13/07 By CRAIG McCOOL cmccool@record-eagle.com
CHARLEVOIX — A group of homeowners on Lake Charlevoix are suing their neighbors over the right to put docks in the water.
The case, filed recently in Charlevoix Circuit Court, has waterfront and back lot owners battling for control of a neighborhood beach that is separated from the homes by a public road that parallels the shore.
Residents on and off the water in the small Pine Point neighborhood off Boyne City Road historically have shared a limited number of docks, said Ed Engstrom, a back lot owner and one of those being sued.
"For 60 years they've been doing (it) this way. Now somebody doesn't like it. I don't know why,” he said. "I haven't heard of anybody causing problems down there.”
A Record-Eagle employee owns property in the neighborhood but is not party to the lawsuit.
Eight plaintiff waterfront owners are represented by Charlevoix attorney Scott Beatty, who did not return telephone messages this week. Three of the plaintiffs contacted by the Record-Eagle declined to comment.
The group sued a few dozen of their off-the-water neighbors, as well as the Charlevoix County Road Commission, named because the neighborhood and lake are separated by Beach Drive.
The road right-of-way, according to the original community plat map, goes all the way to the shoreline, said road commission manager Patrick Harmon.
Clifford Bloom, a Grand Rapids attorney who represents the Michigan Waterfront Alliance, has handled many riparian — lake and shoreline — rights cases.
"The parallel roads are interesting. Michigan law says if the roadway touches the water … the first tier of lots on the other side of road are deemed to be riparian,” Bloom said. "The courts have held that, generally, people in back cannot put out docks and boats, though they can swim and walk in the lake.”
Bloom added that docks that have been established for 15 years or more sometimes have been allowed to stay.
That's known legally as "adverse possession,” said Engstrom, an attorney who plans to fight the lawsuit. He also said it will be "the biggest claim the back lot owners have.”
"According to law, if you maintain it for 15 years … you get to keep the dock for the rest of your life,” he said. "I think once the judge hears that most of the docks have been there for 15 years or more, he's not going to kick them out.”
http://www.record-eagle.com/2007/apr/13docks.htm
04/13/07 By CRAIG McCOOL cmccool@record-eagle.com
CHARLEVOIX — A group of homeowners on Lake Charlevoix are suing their neighbors over the right to put docks in the water.
The case, filed recently in Charlevoix Circuit Court, has waterfront and back lot owners battling for control of a neighborhood beach that is separated from the homes by a public road that parallels the shore.
Residents on and off the water in the small Pine Point neighborhood off Boyne City Road historically have shared a limited number of docks, said Ed Engstrom, a back lot owner and one of those being sued.
"For 60 years they've been doing (it) this way. Now somebody doesn't like it. I don't know why,” he said. "I haven't heard of anybody causing problems down there.”
A Record-Eagle employee owns property in the neighborhood but is not party to the lawsuit.
Eight plaintiff waterfront owners are represented by Charlevoix attorney Scott Beatty, who did not return telephone messages this week. Three of the plaintiffs contacted by the Record-Eagle declined to comment.
The group sued a few dozen of their off-the-water neighbors, as well as the Charlevoix County Road Commission, named because the neighborhood and lake are separated by Beach Drive.
The road right-of-way, according to the original community plat map, goes all the way to the shoreline, said road commission manager Patrick Harmon.
Clifford Bloom, a Grand Rapids attorney who represents the Michigan Waterfront Alliance, has handled many riparian — lake and shoreline — rights cases.
"The parallel roads are interesting. Michigan law says if the roadway touches the water … the first tier of lots on the other side of road are deemed to be riparian,” Bloom said. "The courts have held that, generally, people in back cannot put out docks and boats, though they can swim and walk in the lake.”
Bloom added that docks that have been established for 15 years or more sometimes have been allowed to stay.
That's known legally as "adverse possession,” said Engstrom, an attorney who plans to fight the lawsuit. He also said it will be "the biggest claim the back lot owners have.”
"According to law, if you maintain it for 15 years … you get to keep the dock for the rest of your life,” he said. "I think once the judge hears that most of the docks have been there for 15 years or more, he's not going to kick them out.”