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Greetings!
If you have friends interested in the Michigan dunes who are not receiving this newsletter, please forward it to them so they have the opportunity to join the mailing list.
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The Nature Conservancy
Purchase of Saugatuck Dunes Under Consideration
SAUGATUCK, MICHIGAN - December 9, 2008 - Helen Taylor, Michigan state director of The Nature Conservancy announced today that the exploratory group established to discuss the possible acquisition of the 171-acre south portion of the McClendon property adjacent to Saugatuck's Oval Beach concluded its work on November 6 when it held its last meeting.
Since then, The Nature Conservancy and Aubrey McClendon's representative have attempted to determine the terms and conditions of a possible sale.
The Nature Conservancy is now rapidly assessing whether both public and private funding resources are available to support a $25 million purchase price. Taylor said that this price is within the range of The Nature Conservancy's recent appraisal of the property.
"This land is important to the people of the Saugatuck area, the State of Michigan, and those who visit our state seeking the unparalleled beauty of Lake Michigan," Taylor said. "The exploratory group fulfilled its role in exploring a range of opportunities for the protection of this important place, and The Nature Conservancy and its partners are working quickly to determine whether the resources are available to conclude the purchase. While we certainly have a lot of work to do, today's announcement signals that significant progress and steps are underway to bring us closer to keeping this land open to the public while protecting this beautiful portion of the world's largest freshwater dune system. This is the first time we have had a clear and specific opportunity to acquire this property."
For more info at TNC....
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DEQ Clarifies Its Jurisdiction
Extent of Submerged Lands Defined
In response to a request from a landowner in Berrien County the DEQ issued a delaratory ruling to define the applicability of the permitting requirements specified in Part 325 of NREPA, Great Lakes Submerged Lands.
The ruling by the Department states that the law applies to bottomlands, defined by the law as land lying "lakeward of the natural ordinary high water mark."
The statute also defines the "ordinary high water mark" on Lake Michigan as the elevation 579.8
IGLD (International Great Lakes Datum) 1955 (which is now surveyed as
580.5 due to glacial rebound.) The petitioner argued that this elevation was the demarcation between uplands and bottomlands. However, the Supreme Court of Michigan has ruled in another case that the bottomlands are lakeward of
"a
point on the bank or shore up to which the presence and action of the
water is so continuous as to leave a distinct mark either by erosion,
destruction of terrestial vegetation, or other easily recognized
characteristic."
The Department's ruling notes the law makes a distinction between the "natural ordinary" and "ordinary" high water mark and states that the law applies to those lands that the Supreme Court has ruled are bottomlands.
The ruling contained the cross section through the petitioner's lot. The section shows the land in recent years when the lake was higher, and less land had accreted (and more was below water).
It also reveals how significant changes along the beach are. Threats to structures along the beach that are not evident at one time, can within a few years destroy them.
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Support Preserve the Dunes
Preserve the Dunes is a not for profit organization. Donations are tax deductible.
We are a strictly volunteer organization. 100% of your donations go to support PTD's activities. There is no paid staff. But we do have expenses for maintaining a web site, mailing newsletters, monitoring the activities of the sand miners and developers, administrative expenses, program costs, etc.. We depend on your donations. Please support these efforts. You can use your credit card or your PayPal account; just click donate below.
 You can also send your donation to Preserve the Dunes, PO Box 581, Riverside, MI 49084-0581.
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Jean Klock Park Update
On August 22, 2008, the Berrien County court dismissed a lawsuit brought by two members of the Friends of Jean Klock Park regarding the City of Benton Harbor's right to lease Jean Klock Park to developers. The decision was immediately followed with the filing of an appeal by Plaintiffs Carol Drake and Clellen Bury through their attorney Scott Howard of Olson, Bzdok & Howard of Traverse City. On Wednesday November 26th, the Plaintiffs/Appellants filed a Brief on Appeal with the State of Michigan Court of Appeals, Grand Rapids.
Plaintiffs are seeking to have the State Court of Appeals overturn the Berrien County Trial Court decision and uphold the 2004 consent judgment that was intended to restrict any further private development in the park.
"The 2004 Consent Judgment allowed for the sale of a portion of the park to a private developer in exchange for a permanent injunction against any further privatization or conversion of the park," explained Plaintiff Carol Drake. "In accepting approval from the National Park Service to develop any further privately owned and operated development within the remaining park boundaries the City has violated its legal obligations under the Consent Judgment to preserve the remainder of Jean Klock Park for future generations."
The leased portion of the park would be used as three holes of a privately owned and operated "Championship Jack Nicklaus Golf Course." The Plaintiffs believe that the Klock's intent was clear that the park was to be maintained as a passive recreational asset for the community forever and that there is ample evidence that the Klock gift was given to the City of Benton Harbor in stewardship for the public.
The Plaintiffs contend that the Trial Court failed to recognize the intent of the Consent Judgment and deed restrictions; that there is no rational interpretation of either the deed restrictions or consent judgment that would allow the park to be used for a privately owned and operated high-end golf course; and that the resulting opinion was one that failed to honor the intentions of both the donors and parties to the consent judgment. For more info...
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"These dunes are to the Midwest what the Grand Canyon is to Arizona . . .
once lost, the loss would be irrevocable." Carl Sandburg
Sincerely,
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Sincerely,
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