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    Michigan Supreme Court

    February 4, 2011 - Court Denies Plaintiff's Leave to Appeal

    On Friday, February 4th the Michigan Supreme Court issued a shocking 6 to1
    decision that there would be no further review of our leave to appeal and ordered
    our application be denied. The sole reason given in the Court Order was,
    " because we are not persuaded that the questions presented should be reviewed
    by this Court.” The news wasn’t released until Saturday, February 5, 2011.

    We are enormously displeased with the court’s decision and feel that aside from
    Justice Stephen Markman, the court got it tragically wrong. Obviously Justice
    Markman agrees with our arguments as in the Court Order he made direct
    statements in his dissenting opinion in reference to our arguments:

    “… I believe that the City’s use of Jean Klock Park, by leasing portions of
    it for 105 years to a private commercial entity, the Harbor Shores
    Community Redevelopment, Inc., for its use as a golf course, constitutes a
    breach of faith …   Although the City prevails today, it, and other
    communities throughout our state, may well come out losers tomorrow as
    later generations of philanthropists look at the legacy of J. N. and Carrie
    Klock and come to question the faithfulness of government in upholding
    their intentions after they too have passed. I respectfully dissent.”  
    – Justice Stephen Markman –

    Click to read the entire Court Order and Justice Markman’s full statement.


    January 21, 2011 - Oral Arguments Have Been Heard

    On Friday, January 21, Oral Arguments were heard by the Michigan Supreme
    Court in the case of Carol Drake and Clellen Bury -vs- The City of Benton Harbor
    and Harbor Shores Community Redevelopment Inc. We are cautiously optimistic
    that the court will rule in our favor. Although we anticipate it will be sooner, the
    court has until July 31 to reach a decsion.

    To read the Michigan Supreme Court's background in our case click here.


    October 26, 2010 - Supplemental and Amicus Briefs

    On October 26, 2010 a supplemental brief was filed with the Michigan Supreme
    Court that was followed by two amicus curiae briefs in support of our case. The
    first amicus curiae was submitted by the Friends of Michigan Parks. The second
    amicus curiae brief was submitted by the Great Lakes Environmental Law
    Center and was joined by the Saugatuck Dunes Coastal Alliance; Defense of
    Place; Preserve the Dunes; and the West Michigan Environmental Action
    Council. Additional links to all three documents are provided below.

    Initially oral arguments were to be scheduled for December of this year but due to
    the election there was a change in the Supreme Court Justices. As a result, all of the
    December cases will be scheduled for January of next year, after the incoming
    Supreme Court Justices take their seats.

    Supplemental Brief

    Friends of Michigan Parks Amicus Curiae

    Great Lakes Environmental Law Center Amicus Curiae

     
    September 15, 2010 - Consideration for Leave to Appeal

    The Michigan Supreme Court took a very hard look at our case and on September
    15, 2010 ORDERED that our Application for Leave to Appeal be considered by
    the court, finally showing that our case does in fact have merit.

    At oral argument, the parties shall address whether the City of Benton
    Harbor may lease a portion of Jean Klock Park to Harbor Shores Community
    Redevelopment Corporation to develop 3 holes of a proposed 18-hole
    championship Jack Nicklaus golf course, without violating: (1) the restriction set
    forth in the 1917 deed; or (2) the January 27, 2004 consent judgment in an earlier
    lawsuit between the plaintiffs and the City relating to the City’s sale of a portion of
    Jean Klock Park to Grand Boulevard Renaissance, LLC, for the construction of a
    residential development.

    We feel more strongly than ever that the Trial Court and Court of Appeals erred in
    their decisions and we are deeply concerned about the dangerous precedent that has
    been set; making it easier for corporations and government to take dedicated public
    park land to use for privately owned commercial purposes. People who make a gift,
    who leave a legacy like the Klocks, should know that their legacy will be protected
    in the future. Unless the Michigan Supreme Court reverses the lower court's
    decision, "those who do not own a foot of ground...have no piano or phonograph",
    as John Klock promised at the dedication ceremony, are the biggest losers because
    the park, and others like it, will no longer belong to the general public.


    March 3, 2010 - Application for Leave to Appeal

    Two members of the Friends of Jean Klock Park made a decision to challenge a  
    Michigan Court of Appeals ruling in favor of the City of Benton Harbor and Harbor
    Shores Development Inc., and filed an Application for Leave to Appeal with the
    State of Michigan Supreme Court.


    November 3, 2009 - Michigan Court of Appeals

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