Dock dispute brewing in 103-year-old lake neighborhood near Jackson: 5 takeaways

NAPOLEON TWP., MI — Authorities are cracking down on docks and boats in Napoleon Township that have been in place for generations.

This has aggravated residents who live off the water and believe they should be allowed to moor their boats at the ends of roads in the Oak Point neighborhood on the southwest side of the lake, east of Jackson on the township’s northern border.

A special meeting is planned for 6 p.m. Monday, July 13, at the township hall.

These are the 5 takeaways from the original article:

1. Jackson, not any township, owns the land beneath Big Wolf Lake

The city of Jackson purchased the lake bottom lands in 1915 for $3,000 as part of an arrangement associated with a mill it operated in Michigan Center, bringing about a unique situation where Jackson, not the township, has jurisdiction over the ground beneath docks.

Jackson acquired the property because it could be “flowed” by raising head water at what was the mill dam, which backed up the Grand River and created Center Lake, according to the handwritten and signed deed.

Township leaders for years believed they could not enforce township ordinances over land they did not possess, but the city is more amenable to assisting than it has been in the past.

In late May, the Jackson city attorney sent “cease and desist” letters to residents on Glenwood Court at the township’s request.

1. A new jurisdictional agreement enables township enforcement on the lake bottom

In the future the letters could come from the township.

Napoleon recently signed an agreement with the city of Jackson.

This novel partnership, brought about by the more cooperative-minded city government, allows the township to enforce its own ordinances, including those regarding docking, mooring, and nuisances, on property physically owned by the city.

An official said this is a “learning situation” that could eventually guide enforcement across the neighborhood’s eight road ends, where people have docked boats for decades.

That this has been happening as long as anyone can remember is not valid justification, authorities said.

The Jackson city attorney, Matthew Hagerty, said someone cannot file an adverse possession claim — which allows, in some circumstances, for trespassers to gain ownership of property they have continuously used or cultivated — for government-owned land.

3. Legal distinction between lake access and riparian rights favors lakefront owners

The dispute highlights a legal difference between the right to access a lake and “exclusive riparian rights.”

Some in the Oak Point neighborhood argue a 30-foot public lakefront path, made part of the neighborhood when it was platted in 1923, gives them rights to the lakeshore.

A Michigan Supreme Court decision in 1985, however, found a similar pathway in Barry County in West Michigan gave backlotters access, but not the “exclusive riparian rights” afforded to those with frontage. The backlotters can boat, fish, wade and swim at the lake, but cannot dock or anchor their boats, the court found in the case, stemming from a conflict that began in the 1970s on Gun Lake, west of Hastings.

Further, a state law, passed in March 2012, prohibits the private installation of docks at public roads ending at lakes unless a recorded deed, easement or other dedication expressly allows one.

Dan Wymer, the township supervisor who lives elsewhere on the lake, said backlotters are unfairly excluding the public by placing private equipment on land intended for shared access.

4. Property tax inequities and safety concerns drive the township’s crackdown

Economic fairness is one motivator for the township’s intervention, as lakefront property owners pay more taxes than those living just one or two lots away from the water.

Wymer and some shoreline residents argue that backlotters are essentially seeking the benefits of lakefront living without the financial burden of lakefront taxes.

Beyond the financial aspect, officials have received complaints, formal and otherwise, and are concerned about safety risks and the inequity of individuals occupying public property for private gain.

While some lakefront owners support the removal of illegal docks to clear the water, backlotters argue that the township is “picking a fight” that interrupts an long-amicable neighborhood dynamic.

5. Backlotters mobilize to challenge what they call selective enforcement

In response to the “cease and desist” notices, affected residents have begun organizing to hire legal counsel and defend their traditional lake use.

Those living away from the shore argue that their property values and lifestyle were built on the understanding of community dock access, which was often included in real estate listings.

They contend the township is practicing “selective enforcement” by targeting Glenwood Court while leaving other road ends untouched for now.

One resident, Cameron Smith, noted the many other violations in the area. For one, what will the township do to address decks or other structures in the public lake path?

Another resident, Dave Haupt, who renovated a 1920s inn and maintains a pontoon boat, warns that removing the docks may lead to congestion at the unregulated and unmarked boat launch on Bellemere Court. It could be overrun by trucks and trailers as residents are forced to launch their boats rather than moor them, he contends.

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