An ongoing property line dispute in the heart of Northport is finally resolved after village council trustees unanimously voted 4-0 to approve two new resolutions last Thursday. Along with the passing of these resolutions, two community treasures, The Mitten Brewing Company and the Northport Christmas tree, were saved from mostly uncertain futures, and can continue to offer priceless memories to those that live and visit the village.
Northport Village Council took action on the matter involving Northport resident Karl Wizinsky of Three Rivers Properties, LLC. at its monthly regular meeting, with trustees Susan Ager and Hugh Cook absent and Will Harper abstained. Since at least 2018, Wizinsky, who also owns the building that The Mitten has operated out of for years, has taken issue of village plat property lines challenging the accuracy of the size of his lots.
The proposed resolution settles the long-standing disagreement concerning the width of Park Street. It abandons and quit claims the western four feet of the current paved portion of the street, Village Council Manager Jim Dyer explained in his meeting report, in exchange for the right to use, decorate, and maintain the holiday evergreen Christmas Tree, as well as to continue displaying the Northport Sign at that end of northbound Waukazoo Street.
“I can tell you without any doubt this is the best settlement we’re going to get out of this,” Dyer said at Thursday’s meeting.
What’s Next For The Mitten
Chris Andrus, a co-owner of The Mitten, said with council’s approval of both resolutions, the main roadblocks leading up to their lease renewal with Wizinsky were removed, and for that, they’re grateful. Andrus and Wizinsky are currently negotiating a five year lease with a five year renewal, seeing as The Mitten’s current lease is up at the end of February.
In October 2022, Wizinsky left Andrus with an ultimatum, which was to either leave at the end of their current lease term, or commit to a one-year renewal with an unaffordable penalty fee attached, as well as a commitment not to host the Village’s holiday events. At the time, Andrus said they would not accept those terms, as their sole purpose was to do business and serve the community.
However, despite the property tensions between Three Rivers and the village, Wizinsky and Andrus agreed to a year extension at the end of 2022, securing The Mittens employees’ jobs for another year. In 2024, Andrus is hopeful that his business and staff will continue to operate and have more security in their location moving forward.
“We’re hopeful to secure the future for the long term. We feel good about it and we’ve got an open dialogue now… Thank you to everyone who kept believing in us and stayed patient and kept visiting us all the while even though our future was uncertain,” Andrus said. “Everyone feels relieved that this issue, which has kind of cast a cloud over a lot of stuff up there, is finally hopefully, permanently resolved… I’m grateful to the village council for keeping it (the discussion going) as well, and I’m grateful for Karl for being willing to continue to explore a resolution.”
Resolution And Lease Agreement
In the resolution concerning property lines, it further states that the village has improved Park Street, which runs adjacent to the eastern lot line of the Three Rivers and Wizinsky parcels. A portion of Park Street is paved and a portion is gravel. In addition, it affirms that the village maintains the improved portion of Park Street, both paved and gravel, and has been used as a public street and right of way for more than the 10 years required by MCL 221.20 to establish a highway by user.
In this case, MC 221.20 does not apply since “the established portion of the right of way is less than four rods (66 feet) and the only consistent use of the right of way over the years has been at 16 foot, or less, right of way width.” The village will relocate the course of Park Street to now “lie within a 16 foot right of way located to the east of the Wizinsky parcel and maintain only that course upon completion of its relocation.”
In the second agreement, which is a five year-long village lease to maintain the Northport sign and tree use, details are established for the small portion of property. The “leased space” is the specific portion of property where the Christmas tree and Northport sign is located, and includes “the reasonable and temporary use of adjacent portions of the property as may be necessary or convenient to install, maintain, decorate, or use the sign and tree.”
Trustee Will Harper, who had to abstain from voting due to his property being adjacent to Wizinsky’s, voiced his concern at the meeting over the language of the resolution, noting that the village giving up the portion of land is contingent on a satisfactory lease with The Mitten. Harper said the lease could be terminated within a year if The Mitten leaves, breaks their lease or goes out of business, so the village could be getting a potentially shorter agreement dependent on the future of the business.
“For some reason, he’s making this a make or break for the village and I think he’s putting us in a really bad position and it sets a really bad precedent. I don’t think it’s pro Northport, but it is what it is,” Harper said on Thursday. “Basically we’re giving him a property right forever in exchange for a lease that could be terminated in less than a year… I think it’s extortion and I think Karl has the village over the barrel…” Dyer defended the negotiations between the village and Three Rivers Properties, explaining that contrary to public perception, you have a property owner (Wizinsky) “that deeply loves this community.” Dyer said he’s spent hours with Wizinsky talking about the issue, but most of the time, they discuss how special Northport is and how he wants to retain that.
“Now why’s he gone down the road that he did, I can’t tell you because I wasn’t here when it happened, but I know his attitude towards this community, and particularly that corner, and its significance to this community. I know that very, very well,” Dyer said. “I’m willing to get burned once trusting someone to that level. If it happens, then it happens and it’s on me, but I’m willing to take that leap of faith. I wouldn’t have negotiated that document the way that I did if I wasn’t.”
Other trustees like Laura Cavendish also voiced their support in Dyer’s sentiment of taking a leap of faith with Wizinsky and the resolutions.
“I agree that we need to have some faith that he (Wizinsky) is going to do the right thing and abide by what he’s saying now. I also believe that he will do that assuming that we abide by what we say we’re going to do,” Cavendish said. “The trust goes both ways.”
Mitten Brewing Company seeks extended lease
