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| Crystal Township Supervisor Charlie Braman addresses Judge Suzanne Hoseth Kreeger regarding the Owosso Street lawsuit as Crystal Township’s attorney, Cliff Bloom of Grand Rapids, looks on Monday. |
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2/24/2009 12:18:00 PM
Judge now debating Crystal Lake lawsuit
Elisabeth Waldon
Staff Writer
STANTON - When Judge Suzanne Hoseth Kreeger first began practicing law, a local judge gave her some advice.
"If you want to live a simple life, never get married, never have children and never own property on a lake," she recalled. "That advice comes to mind today."
Hoseth Kreeger heard arguments Monday in 8th Judicial Circuit Court regarding 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 platt in 1911.
The plaintiffs wanted the street vacated with the Simons owning half and Nelson and Titus owning half while 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.
On Monday, Hoseth Kreeger heard arguments from Michael Cavanagh of Lansing on the road commission's behalf, Cliff Bloom of Grand Rapids and Township Supervisor Charlie Braman on the township's behalf, Ryan Pellerito of Stanton on the plaintiffs' behalf and several other attorneys and lake residents.
The road commission placed a sign at the Owosso Street lake access last year stating, "Docks, seawalls and other permanent or semi-permanent obstructions are prohibited on public right of way." According to Road Commission Director Randy Stearns, the commission maintains, gravels, plows and salts Owosso Street and the area also is used as a footpath to access the lake and as a fire lane to access lake water in emergency situations.
"Road commissions do not have any funds or authority to regulate use of road ends, short of bringing it to the court's attention," Cavanagh said on the road commission's behalf.
Peter C. "Chris" Mason, Crystal Lake Association president, submitted photographs of the lake from the early 1900s hoping to prove that Durkee's Lakeside Park has historically been used for sunbathing, picnicking and lounging as well as the mooring of boats and storage of docks.
"In 1911, very few people sunbathed, as we know it today, but many picnicked," he said. "The intent of the Durkees was that the back lotters should have access to the lake. The people in the back lots will suffer significantly if they lose lake access because their property value will diminish.
"We are very concerned about this for everyone," said Mason. "We have to come together on this or everyone will lose."
Pellerito countered that historical uses aren't relevant to the case. He said his clients have been subjected to harassment and threats, including dead fish being placed in their yard and flower pots turned over.
Hoseth Kreeger said she plans to issue a ruling in about two weeks.
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