Township urged to appeal beach ruling
The Allegan County Board of Commissioners is encouraging Ganges Township to appeal a judge's ruling that says a 121st Avenue road end should not be used as a Lake Michigan beach. via Kalamazoo Gazette
Join the discussion below, or Read more at Kalamazoo Gazette.
#1 Jun 25, 2007
Who's next to have their property rights taken away? The following below is my perspective on what is NOT right.
This whole issue of taking the land from the two landowners will never make it in the courts. If you look at the facts of the case - "The Friends of the Tilton's and Stege's" will come forward to stop the township from spending tax dollars on something that was never intended for people to use in the capacity that you are trying to change. The road end at 121st avenue is a road end - period. If you were able to enjoy it - be glad you did and didn't get a ticket for trespassing. You were not obeying the law of the land. The property owners have their rights too and it is a waste of taxpayers dollars to go after something that is not theirs. The Township has the right to maintain it as a road end - not change the laws of the State of Michigan. This too will come out in the courts. The jurisdication was turned over from the Road Commission to Ganges township. That does not mean to "Write Your own rules". A judge has already told you that - an Appellate Court Judge will tell you that too.. The State Supreme Court will also tell you that. The public beach (County Park)is a quarter of a mile from 121st. Go there. the truth will all come out in the end and truth will prevail as a judge sorts through all the propaganda that is being displayed by a select few. How would you like someone to all of a sudden say I'm going to sit in your back yard because I like it and my great grandfather used to sit here so I don't care what the law states - my relatives disobeyed the laws and so am I. I am going to take it away from you. Please obey the law it is not your property to take away. It was never yours to take. This is NOT Glass vs. Goeckle. This is a case of five parties wanting to stir up the local people by misinforming them. What does the small group of people that continue to test the law have to not understand - "you are trespassing and the laws are set in place for a reason". No one is stopping anyone from walking the waters. An advocate of the two landowners - I'm writing this without their permission - but someone needs to because of the slant in the local papers because of not knowing the facts - or simply ignoring the ones you don't like. William H (Jr.).
#2 Jul 13, 2007
I would agree with you on many points if your information was wholly true. First of all, at least one of the adjacent landowners may not even own the ROW at 121st ave. They have an exception on their deed. The Supreme Court of Michigan ruled that an exception means they do not own the ROW. Second, in 1963, Judge Raymond Smith stated that this "highway by user" uses included sunbathing and picnicks. A road, highway, ROW, etc. uses are determined by two means in MI, a formal dedication (as on a plat map) or by uses. 121st ave. uses were determned back in 1963. The only people trying to take property (from the public)are the adjacent landowners. They are the ones spreading misinformation. This is not their back yard. This property belongs to the people of Michigan. You Sir, have been deceived.
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