Michigan Supreme Court
IMPORTANT - PLEASE READ! On January 21, 2012 it will be one year since our case went before the Michigan Supreme Court, who then later declined to hear our arguments. To say it was disappointing to make it all the way to Lansing just to be rejected - again - is a huge understatement, especially knowing what we knew that we never shared with the public -- that is until now.
Corporation held a reception for Bill Schuette, then Republican candidate for Michigan's Attorney General, helping to raise possibly tens of thousands of dollars for his campaign. The Host Committee alone paid $500 per couple. This pricey soirée was held at none other than the privately owned Harbor Shores Golf Club - the crux of the entire argument in the litigation is the existence of it's private golf holes on public parkland. On Jauary 21, 2012, the VERY DAY of our Supreme Court appearance, newly elected Attorney General Bill Schuette sends the court an Amicus Brief instructing them to not hear our Leave to Appeal, leaving the court little time to review or weigh the document against arguments. We shouldn't be surprised that the newly elected Attorney General would support the arguments of the developers - that a golf course is consistent with the wishes of the Klocks - since he was so generously and graciously assisted into office by them. We cannot help but feel that this is yet another heinous example of justice being so blatantly manipulated by corporate and political interests.
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 The Michigan Court of appeals heard oral arguments regarding the 1917 Klock deed and 2004 Berrien County Court Consent Judgment. At that time it was noted by two of the judges on the panel that this case was their most difficult case of that month and that they would be taking a hard look at the written arguments in this case. Click to read the Brief on Appeal that was filed on November 26, 2008.
ruled in favor of the defendants, the City of Benton Harbor and Harbor Shores Community Redevelopment Inc. We maintain that the Circuit Court, and now the State Court of Appeals, attempted to define individual words in the Klock deed, not the full context of the language of the deed. July 8, 2008 - Berrien County Circuit Court From 2005 until the summer of 2008 we worked non-stop to show government officials and regulatory agencies how the public had been kept out of the process and that the process itself was, and is, in violation of State and Federal laws. There has been no transparency, no truth. After exhausting all efforts within the system we had no choice but to take legal action. On July 8, 2008 a lawsuit to uphold the Consent Judgment and Klock Deed was filed. On August 22, 2008 the lawsuit was dismissed. On November 26, 2008, an appeal was filed with the Michigan Court of Appeals in Grand Rapids.
In 2003 a group of citizens joined together to prevent the sale of a portion of JKP for a housing development. Their efforts resulted in a lawsuit, Settlement Agreement and Consent Judgement that allowed a small portion of property to be developed in exchange for permanent protections of the remaining park property forever.
there was no reverter clause in the Klock deed and that the entire park was up for grabs. A retired Berrien County Judge who acted as our "advisor", and our attorneys, advised us to settle out of court as they felt the risk was too great and that the park could be lost forever if we didn't.
Harbor for bathing beach, park purposes, or other public purposes." "Other public purposes" could have meant gas lines oil wells, or a hospital etc. Supposedly, to remedy that threat, new language was included in the Settlement Agreement and the Consent Judgment that was described to the plaintiffs as an additional layer of protection against further privately owned or commercial development in the park. The new language included: "The Court permanently enjoins the City from using any portion of the property depicted as "Jean Klock Park" as depicted in Exhibit C to this Consent Judgment for any purpose other than bathing beach, park purposes or other public park purposes related to bathing beach or park use, except for recreational vehicle campsites. What was unknown then, and therefore not entered into discovery, was that for more than 20 years the former Whirlpool CEO and Cornerstone Alliance, the Whirlpool founded Chamber of Commerce, were planning to "transform" this publicly owned Lake Michigan park into a privately owned golf course development. We discovered the undisclosed intentions in December of 2004, eleven months after the Consent Judgment was signed. |
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| Litigation History |
Friends of Jean Klock Park | PO Box 8988 | Benton Harbor, MI 49023 info@savejeanklockpark.org | www.savejeanklockpark.org © 2009 Friends of Jean Klock Park. All Rights Reserved. |
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