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June 30, 2000High court to hear trails lawsuitKey question is power of local zoningBy BILL O'BRIENRecord-Eagle staff writer TRAVERSE CITY - A five-year-old legal battle over whether Bingham Township has zoning control over the Leelanau Trail will be decided by the state Supreme Court. The state's high court on Tuesday agreed to hear the township's appeal of its lawsuit against the Leelanau Trails Association, which owns the public recreation trail. The decision pleased township officials, who saw their case for having zoning authority over the former railroad corridor rejected by Circuit Judge Philip E. Rodgers Jr. two years ago, a ruling that was upheld twice by the state Court of Appeals. "We certainly are going to get our day in court," township Supervisor Harry Sanborn said. The court has invited other "interested" parties besides the township and the trail association - including the state Attorney General's office - to file "amicus curie" (friend of the court) legal briefs in a case that appears to be taking on statewide ramifications. Specifically, the court is asking for legal arguments on whether the Michigan Trailways Act supersedes local zoning authority over abandoned railroad property. "That's really what the issue's been about since day one - whether or not local zoning should apply," Sanborn said. "It's not whether the trail is a good idea, because I think it is." The case has followed a somewhat unusual path through the state's legal system since Judge Rodgers' original ruling. After an appellate court panel affirmed that ruling, the township appealed to the state Supreme Court, which remanded the case back to the Court of Appeals for further clarification. Last September the Court of Appeals affirmed its decision for the second time and the township appealed again, this time convincing the high court to take the case. The Leelanau Trail runs along a 15-mile abandoned railroad line between Greilickville and Suttons Bay in Leelanau County. It has been the subject of litigation for years, most noticeably who legally owned it after it ceased to be a railroad line - adjacent property owners or the trail association. Court rulings have upheld its ownership by the trail association, leaving trail supporters questioning why the township is continuing to pursue the zoning case with legal fees in excess of $20,000. "I would hope the citizens of the township take notice of how the board is spending their money and the time," said Lois Bahle, a Bingham resident and president of the Traverse Area Recreation and Transportation Trail board of directors. The TART Trail board is responsible for managing the Leelanau Trail, although the Leelanau Trails Association still owns the corridor and is responsible for the lawsuit. Bahle said TART's goal remains putting the Leelanau Trail into public ownership and have it operated by a management council made up of local residents and officials along the route. "I think it would be much more productive if we could get to that," she said. No date has been set for the high court to hear the case, although township officials said a final ruling may not come until next year. |
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