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A lot of good discussion on making the Lakes a community of neighbors helping neighbors.
http://www.leadingchange.info Please stop by Tom |
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Mike Cox, Michigan's Attorney General released a formal legal opinion #7211 that was released on January 30, 2008. This opinion clarifies the allowed uses of road ends that terminate at our Inland lakes. These "public access sites" are dedicated "for the use of the public" and allows for ingress and egress on and off of the lakes. Based on over 100 years of Michigan case law and this AG's opinion these road ends are to remain open and unobstructed of private boat hoists and the activities of sunbathing, picnicking and lounging are not allowed uses as they are not incidental to the use of the lakes. Swimming, fishing and the "temporary" mooring of boats. The courts consider "temporary" to be on a short term basis and does not include overnight mooring. With this AG's opinion the conflict known as the "Road End War" is near an end. All that is left if for legislation to be enacted which would codify the case law and this Ag's opinion. HB 4698 introduced by Rep. John Stakoe (R) 44th District would do just that. Road end access is for all members of the public to enjoy and the allocation for private use of the back lot owners with their private hoists and pontoon porches is selfish and self serving and IS "illegal".
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All roads leading to Higgins Lake in the Lyon Manor and Shoppenagons Lodge subdivisions are platted to termiate a the northern boundary of SamOSet Blvd. and are not platted to the edge of Higgins Lake. In fact in many areas along SamOSet there is privately-owned land beyond the northern boundary of SamOSet and the edge of Higgins Lake. This land is inlcluded in the lakefront proerties the entire lenght of SamOSet.
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