Ontwa Township sued over boat launch dispute

Published 9:14 am Friday, March 28, 2014

EDWARDSBURG — A group of Eagle Lake property owners are suing Ontwa Township and two other government entities over the ongoing dispute about a proposed boat launch.

The lawsuit names Ontwa Township, the township’s zoning board of appeals and the Michigan Department of Natural Resources as defendants.

Several individuals and entities — including the Eagle Lake Improvement Association, the Eagle Lake Dock, LLC, Michael Mrocezk and Glen Neely — initiated the complaint that was filed March 19 by the Grand Rapids law firm of Bloom, Sluggett and Morgan.

The property owners are seeking to overturn a Feb. 25 decision of the Ontwa Township Zoning Board of Appeals that stated the land use described in a zoning application filed by the Michigan Department of Natural Resources constitutes a “park.”

The lawsuit contends that the zoning board’s decision does not comply with the constitution and laws of the state, is not based on proper procedure, is not supported by competent material and substantial evidence on record and does not represent reasonable exercise of discretion granted by law to the zoning board of appeals.

It also states that the zoning board of appeals determined on Sept. 3, 2013, that a proposal for similar use of the property to the south of this section of property would not constitute a park, and was therefore impermissible. The suit states that the zoning board of appeals’ Feb. 25 decision is contrary to the rules of statutory interpretation of ordinances.

A copy of the lawsuit was not immediately available. Messages left with township supervisor John Brielmaier were not returned as of press time.