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3/16/2009 9:27:00 AM
UPDATE: Judge issues Crystal Lake opinion on Owosso Street
Elisabeth Waldon
Gazette editor
STANTON - Boating, fishing and swimming - yes.
Sunbathing, lounging or picnicking - no.
Judge Suzanne Hoseth Kreeger issued an opinion Wednesday on a lawsuit involving Crystal Lake, Crystal Township, the Road Commission for Montcalm County in Stanton, dozens of property owners and numerous government officials and other entities.
Stanley and Barbara Simon of Pewamo and Paul Titus and his daughter, Sandra Nelson, of Holt filed the suit last year asking the court to vacate a portion of Owosso Street - which dead-ends into Crystal Lake - extending north from Crystal Street to the lake's edge between lots 188, owned by the Simons, and 189, owned by Nelson and Titus.
The lots are located in the area historically known as Durkee's Lakeside Park, which was dedicated as a plat in 1911.
The plaintiffs wanted the street vacated with the Simons owning half and Nelson and Titus owning half. Many of the defendants said losing lake access would cause their property values to decline.
Judge Charles Miel, now retired, dismissed a portion of the suit on Dec. 1, 2008. The road commission filed a counterclaim asking the court to declare what uses the public can make of the Owosso Street road end and seeking a permanent injunction to enforce the court's ruling.
Kreeger's written opinion Wednesday referenced court cases Jacobs vs. Lyon Township (1983) and Thies vs. Howland (1985).
"The Owosso Street road end is a public road under the jurisdiction of the Montcalm County Road Commission," Kreeger ruled.
"The Owosso road end may be used for ingress and egress by the public, including but not limited to the lot owners in the plat of Durkee's Lakeside Park, Section 2, to reach the water of Crystal Lake and to use the surface of the water in a reasonable manner for boating, fishing, swimming and the temporary mooring of boats.
"The Owosso Street road end shall not be used for the erection of boat hoists, seasonal storage of boats, ice shanties or other personal property or shore activities such as sunbathing, lounging or picnicking.
"The Montcalm County Road Commission in its sole discretion may permit but is not required to permit up to a maximum of one public dock on the Owosso Street road end on terms and conditions to be determined by the Road Commission."
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Posted: Wednesday, July 15, 2009
Article comment by:
Crystal Property owner
I love how the Realtors take all there clients down to these public areas on the lake when show a back lot home and tell them how they can dock there boat there to only find out they can't or the other people using the dock already will not let a new home owner keep there boat on the dock after purchase of a home. Or the current dock users think they can have 2 or 3 boats on the docks because they own a double lot. The Public area at the end if Ionia is a perfect example of this. I think it is time to make a change in the way things are working and the people running the show down there.
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