RESTRAINING ORDER REQUEST DENIED

Message Date: 
Tue, 05/14/2002

Recent efforts by a Lansing attorney and property owner in Lyon Township to gain a Temporary Restraining Order (TRO) and delay the implementation of the Lyon Township Lakeshore Ordinance has been denied by Judge Michael Baumgartner.

The lawsuit, filed on April 25th in the 34th Circuit Court, alleged that Lyon Township Officials acted in a pattern to conceal and misinform the public as to its obligation and the law in deliberating and adopting the Lyon Township Lakeshore Regulatory Ordinance.

Supervisor Paul Tatro, Treasurer Steve Collini and Trustee William Cheek . . . who are targeted in a recall election scheduled for May 20th . . . rebutted the allegations, indicating they had stepped up to their responsibilities and included control of boat mooring at public road ends in line with established Michigan case law.

In keeping with the Jacobs’ decision, the ordinance permits a single public dock to be installed, but prohibits the mooring of watercraft, placement of boat hoists, lounging, picnicking and sunbathing at public road ends. In other words the lakeshore ordinance supported by these three gentlemen simply enforces what our Michigan appellant courts have said all along. Public road ends are for ingress and egress to the surface water of Higgins Lake and nothing more.

Vote “NO” on May 20th . . . and retain township officials who lead by obeying the decisions of our State courts.

Ken Dennings, President

Higgins Lake Property Owners’ Association