Update
I regret to report that the HLCA has made the unfortunate decision to pursue legislation to overturn the Jacob's ruling. As you are aware Bill Carey and I approached Gerrish Township early last spring to offer our assistance in increasing access to the lake in area's that would also help our members. We then had a meeting with Tom Koscinski and Bill Horton the attorney for the HLCA. We, as a group agreed that we would work toward a comprehensive agreement in Gerrish Township.
Bill Carey was working with Bill Horton in regard to an agreement in Alemda Beach and MCP1 (Grosbeak area) and Rick Meeks and I were working on Sovereign Park. This past summer the HLCA changed leadership and their attorney of twenty years. Tom Koscinski , the vice president and Bill Horton were replaced by hard-line members Ric Federau and John Shreck and they hired Chris Bzdok, an attorney from Traverse City.
Our attorney and I again approached the Township and the office of representative Sheltrown to let them know that we desired an amicable and legal solution to the lake access issues. Through the Townships and Sheltrown's office a meeting was arranged to attempt to facilitate an agreement. Also there was a meeting in Lansing on October 28th between the lobbyist and attorney's who represented both sides and three state representative's and their staff. Chris Bzdok the attorney for the HLCA attempted to argue that the State had the authority to over rule the court's and redefine the scope of the dedication at the road ends. The meeting ended with the two sides agreeing to disagree regarding this legal argument.
When the Democrats won control of the house in November it seemed to change the dynamics of the situation. I had a meeting the next day with Greg Gaylor and Brady Shickinger at which time Brady informed us that the HLCA was going to seek a legislative solution because of the change in leadership. This idea was very upsetting to Supervisor Greg Gaylor and he voiced it to Brady. I believe due to Gaylor's obvious displeasure I received a phone call from Brady by the end of the week informing me they had changed their minds and would agree to continue the talks.
However it soon became clear that this was not their intention because of the lack of cooperation on getting the groups in the subdivisions together. I had attempted for six weeks to get names and arrange dates for meetings with no success. Two weeks ago after being rebuffed on numerous attempts I threw the ball into Supervisor Greg Gaylor's court to see if he could get through to the HLCA leadership. Being put in the situation where they had to go public with their position I received a phone call from Ric Federau. When I returned his call he informed me that they had invested a lot of money in their lobbyist and thought that they were in a strong position in Lansing. Therefore they were going to pursue legislation to circumvent Jacob's in the next session of the legislature.
It is unfortunate the HLCA would not take this opportunity to seek peace and increased legal public access to the lake. They have put the subdivision involved and our members in general in a position that we cannot agree to a local solution that has the threat to be held null and void by the legislature. Immediately after the first of the year I will sit down with our attorney's and lobbyist and discuss our options regarding this unfortunate decision by the HLCA. Rest assured that we will pursue ever legal and legislative remedy necessary to protect our members riparian rights that the court's have consistently upheld all the way to the Supreme Court of Michigan.
Thank you and may you and your family have a Happy Holiday Season:
Pat
