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March 17, 2008

Newsletter

February 22, 2008 – Ann Arbor

Washtenaw County Circuit Court rules in favor of the PBWOA Position

On Portage Ave Alleyway

Washtenaw County Circuit Court: After a 2-1/2 day trial Judge David Swartz ruled in favor of the plaintiffs, the PBWOA (interveners in the case) Dexter Township and property owners in Portage Lake Resort Subdivision:

The ruling was that the right of installing a 150 + foot dock and mooring of boats for the exclusive use of 5 back-lot property owners will not be granted and the overnight mooring of boats is illegal.   

January 19, 2005

Livingston County Circuit Court Rules on Lake Access

For the second time in four years the court has ruled that private road ends are to be used only as the deeded access allows.

 Most subdivisions were platted with Riparian Owners having privileges that they paid for in the higher price for the property, along with paying higher property taxes. The back-lot property owners were given privileges of the access to the water through road-ends and dedicated out-lots.

 The road-end issue has been challenged in court many times and the courts have always ruled that unless specifically granted; the only right for the back-lot owner is ingress and egress to the water. This means you can walk down to the water and go for a swim, water your horse or collect a bucket of water. No mooring of boats. No loitering, No sun bathing, No Picnicking. No parking of vehicles. You walk in and you walk out.

The recent case heard, January 19, 2005, by Livingston County Circuit Court Judge David Reader that was brought before the court by a home owner on Portage Lake. This action was the brought when three back-lot property owners decided that they had the right to moor the boats off of a private road-end on Portage Lake.

This is the second time that this owner along with your PBWOA had to foot the bill of this court trial to protect the rights of the Riparian Owners. This ruling, handed down by Judge Reader, also defends the rights of seventeen other back-lot homeowners by protecting their deeded rights to use the road-end as they were intended to be used. It stops a “select few” from infringing on the other owners. 

Judge Reader upheld a previous ruling, in the same court, heard by now retired Judge Burress that “The defendants, as owners of said non-riparian lot, have no right to moor any boat in the waters of Portage Lake at times they are not in attendance thereon”.

Last modified: May 04, 2008