Save Our Lake Michigan Beach and Access
Donation protected
The beach at the end of Reynolds Street in Leland is eroding to the point where it is now unrecognizable from when it was last nourished by dredging sand in 2019. DREDGING SAND IS ESSENTIAL TO THE BEACH’S VIABILITY AS A PUBLIC ACCESS AND BEACH.
For decades, this beach has been used as a public beach park (also known as Christmas Tree Corner Beach and South Beach). In December of 2019, property owners flanking both sides of Reynolds Street filed a lawsuit claiming ownership of the road ending and ownership of the beach property all the way to the water’s edge. This was an attempt, among other things, to block all public access to the beach. These property owners have also fought the application of dredging sand, which is used to nourish the beach in and around the access point.
Over 150 members of the Leelanau community attended a public meeting on June 7, 2021 to express their opposition to the terms of a proposed settlement agreement. (Only one person spoke in favor of the proposed agreement.) On the advice of their defense attorneys, the Board of Trustees for Leland Township and the Leelanau County Road Commission have taken the unprecedented step of signing what many believe is an extremely one-sided agreement with these two private landowners, giving them tremendous control over how the road ending and the beach are managed in PERPETUITY. Details of the new settlement, virtually identical to the proposed agreement that people had opposed, were not shared with the public until after the agreement was voted upon and signed.
It is our desire to seek legal expertise to review the settlement agreement. If an attorney determines that all or parts of the agreement are legally unenforceable, we could use any remaining funds and/or raise more funds to challenge this agreement in court on behalf of the public.
This settlement could pave the way for beach restrictions at other public access points – not just in Leelanau County, but around the state. Already, another private landowner has placed a restrictive sign at another beach access point in Leland. Before much time passes, it is important for us to ensure that our rights are protected regarding this and other public beaches.
Your contributions are greatly appreciated.
Specifics of the Agreement (here is the link to the full agreement: https://www.leelanaunews.com/wp-content/uploads/2021/08/settlement.pdf):
The agreement cedes Township and Road Commission authority, in perpetuity, giving these private individuals authority to determine:
1. If dredging sand can be placed on the beach;
2. Where dredging can occur, as it requires the Township to find dredging locations outside of the Reynolds park/beach area;
3. Whether new improvements, personal property, or “obstructions” can be installed in the recreation area;
4. Whether signage can be installed (other than safety signage), and the wording of said signage.
The agreement restricts, in perpetuity:
1. Public parking along Reynolds Street, limiting parking to 10 spaces in that block, only along the south side of the street, and only between sunrise and one hour after sunset;
2. Park/recreation hours to between sunrise and one hour after sunset;
3. The use of motorized vehicles, including maintenance vehicles and equipment;
4. Marketing and advertising of the park/beach;
5. Beach walking outside the access area to “only below the ordinary high water mark,” which is not defined.
The agreement gives these private individuals, in perpetuity, control over:
1. The pathway down to the beach and the dune grass areas, allowing rope lines to restrict access, allowing construction of large viewing platforms that will cover the dune areas;
2. A 20-25 foot expanse of asphalt roadway, which can be removed and the area landscaped;
3. The presence of toilets, trash receptacles and pet waste stations – banning them;
4. Township and Road Commission signage, requiring removal of the county’s existing signage and requiring that new signage be placed reflecting the terms of the agreement.
For decades, this beach has been used as a public beach park (also known as Christmas Tree Corner Beach and South Beach). In December of 2019, property owners flanking both sides of Reynolds Street filed a lawsuit claiming ownership of the road ending and ownership of the beach property all the way to the water’s edge. This was an attempt, among other things, to block all public access to the beach. These property owners have also fought the application of dredging sand, which is used to nourish the beach in and around the access point.
Over 150 members of the Leelanau community attended a public meeting on June 7, 2021 to express their opposition to the terms of a proposed settlement agreement. (Only one person spoke in favor of the proposed agreement.) On the advice of their defense attorneys, the Board of Trustees for Leland Township and the Leelanau County Road Commission have taken the unprecedented step of signing what many believe is an extremely one-sided agreement with these two private landowners, giving them tremendous control over how the road ending and the beach are managed in PERPETUITY. Details of the new settlement, virtually identical to the proposed agreement that people had opposed, were not shared with the public until after the agreement was voted upon and signed.
It is our desire to seek legal expertise to review the settlement agreement. If an attorney determines that all or parts of the agreement are legally unenforceable, we could use any remaining funds and/or raise more funds to challenge this agreement in court on behalf of the public.
This settlement could pave the way for beach restrictions at other public access points – not just in Leelanau County, but around the state. Already, another private landowner has placed a restrictive sign at another beach access point in Leland. Before much time passes, it is important for us to ensure that our rights are protected regarding this and other public beaches.
Your contributions are greatly appreciated.
Specifics of the Agreement (here is the link to the full agreement: https://www.leelanaunews.com/wp-content/uploads/2021/08/settlement.pdf):
The agreement cedes Township and Road Commission authority, in perpetuity, giving these private individuals authority to determine:
1. If dredging sand can be placed on the beach;
2. Where dredging can occur, as it requires the Township to find dredging locations outside of the Reynolds park/beach area;
3. Whether new improvements, personal property, or “obstructions” can be installed in the recreation area;
4. Whether signage can be installed (other than safety signage), and the wording of said signage.
The agreement restricts, in perpetuity:
1. Public parking along Reynolds Street, limiting parking to 10 spaces in that block, only along the south side of the street, and only between sunrise and one hour after sunset;
2. Park/recreation hours to between sunrise and one hour after sunset;
3. The use of motorized vehicles, including maintenance vehicles and equipment;
4. Marketing and advertising of the park/beach;
5. Beach walking outside the access area to “only below the ordinary high water mark,” which is not defined.
The agreement gives these private individuals, in perpetuity, control over:
1. The pathway down to the beach and the dune grass areas, allowing rope lines to restrict access, allowing construction of large viewing platforms that will cover the dune areas;
2. A 20-25 foot expanse of asphalt roadway, which can be removed and the area landscaped;
3. The presence of toilets, trash receptacles and pet waste stations – banning them;
4. Township and Road Commission signage, requiring removal of the county’s existing signage and requiring that new signage be placed reflecting the terms of the agreement.
Organizer
Char Lombardo
Organizer
Leland, MI
