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INTRO: It appears that an historic city park along Lake Michigan will be changed forever. Developers needed to turn part of the park into a golf course in order to sell 800 homes and condos nearby. They’ve won several battles in court. But a few people who want the park put back like it was, vow to take their cases to even higher courts. Michigan Now’s Chris McCarus reports from Benton Harbor.
A new study from a research group in Toronto says the Pure Michigan tv and radio ad campaign is working. Taxpayers spend $30 milllion so out of staters can spend $500 million. Birmingham bred actor Tim Allen, whose real name is Tim Dick, is the narrator.
“There is no Pure Michigan. It’s being sold off to the developers.”
Nicole Moon is standing on fresh water coastline. It’s park of Jean Klock Park. It’s owned by the city of Benton Harbor. She and 6 other residents sued in federal court in Washington to stop development and contamination of public land. On January 15 in Grand Rapids, a federal judge dismissed the suit.
“Little by little they’re selling off everything that is pure in Michigan. That’s why I came to this state from Illinois. I came for what was here. Now it’s gone.”
Moon and her group say Benton Harbor is a test case for the rest of the state. They say if land donated 90 years ago to be used forever by the public can be bought and bulldozed by developers then this could happen anywhere. Terry Lodge is their attorney. He’s from Toledo and he’ll go to the Sixth Circuit U.S. Court of Appeals in Cincinnati.
“There was active concealment of a lot of critical information, some of it with implications for public health. And we certainly are gonna be making that point as loudly as possible. This is a terrible misuse of the federal licensing and permitting processes. I’m all for reusing brownfield land and for not promoting sprawl in greenfield areas. But the taxpayers and park lovers were suckered.”
Jean Klock Park is only 70 acres. Next to it further inland, the EverGreen Development Company assembled 500 acres. Most of that land was contaminated, some it with lead and arsenic. They’re building 800 homes and condos there. But they wanted the shoreline beach and dunes above the lake. Only the park had that. Ever Green Managing Director Mark Heseman says he’s improved both the old industrial land and the pristine land.
“You’re always gonna have some folks that are basically just non growth. I’m here and I’d just as soon be here undisturbed so to speak. But we believe that sound quality growth it stimulates the economy. You’re either moving forward or backward these days. Everybody’s entitled to an opinion. That’s the great thing about America.”
The federal suit argued that the DNR, the city, The Army Corps of Engineers and The National Park Service failed to address contamination. The state suit was about whether a private golf course could be considered a public park. On January 21, a state appeals court dismissed the state suit. Traverse City based lawyer Scott Howard says his clients are thinking about going to the Michigan Supreme Court. Howard told WSJM radio what John and Carrie Klock did in 1917.
“This was their legacy. We want this to be a park for the people. And we want it to be a park for the people forever. Therefore we’re restricting what the city of Benton Harbor can do with that. And we think that having a golf course that’s owned by a private entity, leasing it to that private entity is inconsistent with that deed restriction.”
Wendy Dant Chesser is a board member of one of the development companies. She too spoke on WSJM radio after the victory for her company.
“Not only is the public going to be able to access the park and use the park as they have in the past it also is increasing the recreational amenities that the park offers and it’s gonna be kept at a standard more conducive to public enjoyment.”
Public memberships to play golf cost $3,000 a year. A round of golf costs $175. Most of the trees in the park are cut down and the board walk along the beach has been replaced with a parking lot.
“It gives us a wonderful boost of confidence as we continue marketing and selling the real estate development around the golf course which is where the job creation, the tax base and the consumer spending will come from.”
