After almost 10 years of litigation, Addison Township and the Zoning Board of Appeals suffered a setback in trying to stop construction of a bridge over Lakeville Lake.
‘The court is saying the property owners have a vested right to go forward with the bridge,? said Robert Davis, Attorney representing Addison Township and the ZBA in ongoing litigation to stop the bridge.
James and Carolyn Shenden are attempting to build a 300 foot bridge spanning from their main land property to Nettles Island, which they also own.
Last month the Oakland County Circuit Court of Appeals ruled in favor of Lakeville Lake residents appeal.
Davis said in 1998 the Shenden’s applied for and was awarded a variance from the ZBA to build the bridge.
The variance was then revoked, however, after neighboring Lakeville Lake residents challenged the ZBA decision.
‘In essence any resident has the right to ask the ZBA not to issue a variance if they feel they have been wronged,? Attorney Davis said.
The Shendens then took the ZBA denial to the Oakland County Circuit Court, where the denial was further upheld.
‘We were done,? said Davis. ‘The variance was denied.?
Except the Shendens appealed again.
In October 2004 the Oakland County Circuit Court dismissed the case stating the Shendens had the right to build the bridge.
‘Basically the court decision is saying the Shendens have the vested right to go forward with the bridge,? Davis said. ‘Other property owners don’t want that.?
While not in actual litigation, the Lakeville Lake Property Owners Association retained an independent attorney to represent them in protest of the bridge and have appealed to the Department of Environmental Quality urging a public hearing be held to discuss the impact of the structure.
In 1994, after first denying a request to build the bridge, Shendens were awarded approval from the DEQ.
Tracy Jones, Environmental Analyist from the said after extensive research, a judge ruled for the permit based on state guidelines mandating the structure does not create a navigational hazard or negatively impact the environment. The permit expires yearly, and current permit is good to December 31, 2005.
Davis said the township and ZBA have until December to file an appeal of the Circuit Court ruling. The appeal will be filed with the Michigan Supreme Court of Appeals.
Neither the Shenden or board members of the Lakeville Lake Property Owners Association can be reached for comment.