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You put the law in front of the CLPOC Board and General Manager and what do they do? You remind the CLPOC Board and General Manager that they just ended a legal dispute over a similar issue - land use restrictions - and what do they do? Seek public opinion!!! From the CLPOC Board of Directors Meeting Minutes for May 18, 2002 (email version): "General Manager Fleming reported receiving a letter from resident Ron Emerson requesting the CLPOC take steps to close the North Gate (Lot 500 Lost Canyon,) At the direction of the Board the ACC Committee will hold a meeting immediately following the June CLPOC Board meeting to obtain the sentiments and comments of the general membership. If you are unable to attend the meeting please send written comments to the ACC at the office (no phone calls please). The ACC will then assess the situation and make a report and recommendations to the Board." The CLPOC seems to be requesting sentiments and comments from the membership, rather than competent legal advice from an attorney. It is clear that the "North Gate" is not a legally platted entrance into Canadian Lakes. Please write them or call them directly to let them know that you will hold them personally accountable for knowingly breaking the law in this matter. It's time that unnecessary legal expenses start coming out of their pockets, not the corporation's.
Below you will find the Judgment in the case of the CLPOC, Intervening Plaintiffs and the Lessa's. It is a recent lawsuit that pertains to Deed Restrictions and provisions found in the Michigan Land Division Act. In this case please note the first Order; "the property... is limited to residential purposes". I find it amazing that the CLPOC would allow a road to exist on an individual lot for residential purposes, in light of this recent ruling. This should have been the foundation for the CLPOC to explain why the "North Gate" needs to be closed and relocated to a legal location.
STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MECOSTA
CANADIAN LAKES PROPERTY OWNERS Plaintiff,
DONALD BURBO and JUDITH BURBO, husband Intervening Plaintiffs, File No. OO-13885-CZ V
ROBERT J. LESSA and Defendants. Steven W. Martineau P17165 LYNCH, GALLAGHER, LYNCH & MARTINEAU, P.L.L.C. Attorneys for Plaintiff 555 North Main Street Post Office Box 446 Mt. Pleasant, Michigan 48804-0446 (517) 773-9961
Michael A. Figliomeni P36206
Steve Lobert P56590 JUDGMENT At a session of said Court held in the Circuit Court for the County of Mecosta, State of Michigan, on the 11th day of October, 2001.
PRESENT: HONORABLE LAWRENCE C. ROOT This cause having come on to be heard on the pleadings and the proofs taken, bifurcated and limited by stipulation of the parties to Defendant/C ounter-Plaintiffs Lessas' Counterclaim, the matter having been argued by counsel for the respective parties, and the Court having considered the pleadings, trial briefs, proofs and arguments, it is fully advised in this cause. IT IS ORDERED AND ADJUDGED that the use of the property in dispute, property which is described as follows:
IT IS FURTHER ORDERED AND ADJUDGED, that the aforementioned restrictions of the Subdivision of Hidden Valley Estates No.1 prohibit division of lots so as to increase the number of building sites as initially provided in the Subdivision. The Court finds, for the reasons stated on the record, the creation of the property in dispute resulted from the division of Lot 149 of Hidden Valley Estates No. l and represents an increase in the number of lots in the Subdivision in violation of the restrictions. IT IS FURTHER ORDERED AND ADJUDGED, that the act of creating the property in dispute through the Quit Claim Deed recorded in the Mecosta County Register of Deeds at Liber 642, Page 888 on January 4, 2001, is expressly declared to be in violation of the restrictions of the Subdivision of Hidden Valley Estates No.1 and is therefore a legal nullity. IT IS FURTHER ORDERED AND ADJUDGED, that for the reasons stated on the record, the Lessas are found to have legal standing based on their unusual circumstances and the Court's finding of nuisance per se to assert the issues raised in their Counterclaim, including issues under the Michigan Land Division Act, MCL 560.101 et seq., the Morton Township Zoning Ordinance, as well as the Morton Township Subdivision Control Ordinance. IT IS FURTHER ORDERED AND ADJUDGED, that for the reasons stated on the record, the act of creating the property in dispute is a violation of the Michigan Land Division Act. IT IS FURTHER ORDERED AND ADJUDGED, that for the reasons stated on the record, the act of creating the property in dispute is a violation of the Morton Township Zoning Ordinance. IT IS FURTHER ORDERED AND ADJUDGED, that for the reasons stated on the record, the act of creating the property in dispute is a violation of the Morton Township Subdivision Control Act, as the conveyance occurred without approval of the Morton Township Board and in violation of the Michigan Land Division Act. IT IS FURTHER ORDERED AND ADJUDGED, that for the reasons stated on the record, the conveyance violates Section 263 of the Michigan Land Division Act, MCL 560.263 and cannot legally continue to exist and therefore, the conveyance is declared to be a legal nullity. This Judgment resolves the last pending claim between the Plaintiff, Canadian Lakes Property Owners Association, and the Defendants, Robert J. Lessa and Lois M. Lessa, only. IT IS SO ORDERED. Dated: Nov. 20, 2001
Honorable Lawrence C. Root If you have any questions, send me an e-mail and I'll get back to you as soon as I can.
Ron Emerson |