Thornapple River boat launch lawsuit likely

[Hamilton Reef]

Lawyer: Suit over boat launch likely

http://www.mlive.com/news/grpress/in...8015268270.xml

Wednesday, May 04, 2005, By Rick Wilson, The Grand Rapids Press

CASCADE TOWNSHIP -- A resident's lawyer says his client probably will sue the township for approving a private boat launch on the Thornapple River.

Brian Van Farowe, who owns land next to the proposed launch, says the township illegally guaranteed approval of a special-use permit for the project in exchange for an easement across a vacant parcel that was used last year to extend a water main across the river.

But officials say the Goodwood Neighborhood Association granted the easement in exchange for cash and assurances the township would not assert land rights under the easement to block the boat ramp's construction.

Van Farowe's attorney, George Pawlowski, said his client has not decided whether to challenge the boat launch approval in court, but vowed to investigate the matter.

"The easement was signed off on by the township manager whereby they promised the association they could have their ramp," Pawlowski said.

"Our opinion is that it's a sweetheart deal, and we're going to find out about it."

The Township Board granted the final go-ahead for the project last week after approving specific findings of fact in a resolution written by its attorney, John Huff. He contends that property rights guaranteed Goodwood residents in a 1950 plat document supersede a 1995 township "key-hole" ordinance that limits boat ramps to lots with at least 100 feet of riverfront property.

The vacant lot on which Goodwood residents want to build the ramp is 75 feet wide. Huff said Goodwood property owners' river access rights should be "grandfathered" because they are specified in plat documents predating the ordinance.

"I feel quite confident that lot does meet the grandfather requirements of the law," he said. "If you look at the ordinance, it doesn't prohibit the boat launch, it merely requires a special-use permit."

Van Farowe has said he's concerned about traffic and noise the boat launch might cause. Supervisor Michael Julien said the township approved the project despite the keyhole ordinance because turning it down would have robbed Goodwood residents of an existing right to river access.

"The intent of that ordinance was to prevent a developer from coming in and funneling an entire neighborhood down to the same 100 feet (of river frontage)," Julien said. "Never was it intended to take away existing rights."