The Leland Township Board took action this week after complaints that property owners north of the Reynold St. public access are not playing by the rules.
This is not the first go-around about the Reynolds Street access.
In December 2019 lawsuit was filed by property owners immediately adjacent the popular beach access asserting that Reynolds Street was platted such that all of the land along Lake Michigan adjacent to their property is private — unlike many other public road ends.
The plaintiffs complained of noise, garbage, beach bonfires and trespassers. However, the township and County Road Commission, backed by public comment, defended the access. Nearly 200 people turned out to defend the access that’s been a favorite beach of water lovers.
A settlement was reached in August 2021 which preserved the 60-foot right-ofway with a prescriptive easement to the water’s edge allowing the township to exercise jurisdiction over the property. The agreement was subject to the following: • The easement shall be marked and signed on the northern and southern boundaries.
• Use will be limited to sunrise and one hour following sunset.
• All pets must be on leashes.
• No fires or fireworks will be permitted.
• No camping.
Parking is restricted to 10 spaces and no parking will “ever be allowed on the north side of the street…” and only between sunrise and one hour after sunset.
The agreement, also approved by the County Road Commission, prohibits placement of dredging spoils on the easement without all parties consent in writing. It does, however, allow the township to conduct “beach sanding” as allowed by Part 301 of the Michigan Natural Resources and Environmental Protection Act.
At the time, beach users said the settlement was “extremely one sided” and “cedes” extensive municipal authority to two privately property owners. A Facebook group, Save Our Lake Michigan Beach and Access (SOLMBA), set up a GoFundMe page an raised nearly $15,000 to go toward an independent legal review.
Several group members spoke during public comment when the Leland Township Board met Monday night.
Char Lombardo, who cofounded the Save Our Lake Michigan Beach, was one of them.
“The neighbors erected further barriers encroaching on the public access,” Lombardo said. “I ask that you do something about it. Lack of action means you aren’t enforcing the settlement.”
“If you won’t act, I’ll have something to say about it.”
Heidi Weckwert, who lives nearby, agreed.
“The situation has gone from bad to worse. Violations have gone upward. They’ve been reported, but no action has been takes,” Weckwert said. “Meaningful steps must be taken to remedy the situation.”
Maude Babbington, a SOLMBA member, also spoke saying the private property owners have encroached on the 60-foot easement, reducing its apparent size by 8 feet.
She brought with her a letter from lifelong Leland resident Bob Schlueter.
“The township must act now, and see that the fences are moved,” she read from Schlueter.
After little discussion the board approved the draft of a letter to the new owners of the north side parcel at 308 W. Reynolds St. (Paul Rady’s Juniper LLC and Salisbury Investment Holding LLC of Denver).
“We have received some public concerns regarding the fencing and signage located within the easement,” the letter states. “While we acknowledge your right and desire to install signage and temporary fencing within the prescriptive easement which you have done … While we acknowledge your right and desire to install signage and temporary fencing within the prescriptive easement, which you have done, we would like to come to an understanding as to what to expect going forward.”
The letter goes on to state that existing sign may reasonably satisfy the intent of the agreement, the township requests that they conform with the specifi c language if they continue to be posted beyond summer 2024.
“Any other signage should be confined to your property,” the letter stated.
Similarly, it would be the township’s preference that any “temporary barrier” more closely resemble the wood posts and rope, referred to in the agreement, and be located accordingly, if they remain beyond summer. Additionally, any fencing running parallel to the lake should be removed.
The letter will be sent pending a review from the township’s legal counsel.
