Michigan Supreme Court
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:
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.
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.
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.
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.
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
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 |