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January 15, 2006

Legal fees mount, but officials won't say why

Township spent $71,000 so far in land dispute

      ELK RAPIDS - Legal fees to defend a property dispute lawsuit involving a gun club have consumed eight percent of Elk Rapids Township's general fund this fiscal year, with three months of bills yet to come.
      Three-quarters of the way through the fiscal year, the township had spent $31,921.99 - eight percent of the total $401,000 budget - on legal fees from a fight involving the Elk Rapids Sportsman's Club, based on records obtained by the Record-Eagle through the state Freedom of Information Act.
      Township attorney fees amount to $71,085 since the dispute erupted early in 2003, costing taxpayers about $2,000 a month. Township officials, citing their attorneys' advice, won't say why they believe the expense is justified.
      "There's a number of reasons. There's a lot of things I can't say because of legal things," said Elk Rapids trustee Donald Glowicki Jr. "That's the kicker. It's frustrating."
      Township resident Cyril Thiel Jr. is frustrated, too.
      "We're the taxpayers, we're footing the bill," Thiel said. "Why can't we know what the rationale is for pursuing this?"
      Four judges - both local and appellate - have ruled for heirs of Mina Wilcox.
      Wilcox's heirs, including a granddaughter who lives next door(*), sued to force the club off the land.
      Township Treasurer Adam Schuler said the township is trying "to defend our rights to the property."
      The property is assessed at $40,500. There is a clubhouse with a large, open area and kitchenette, a covered shooting pavilion and a few storage sheds. The buildings, Schuler acknowledged, were built by the club, not the township.
      "We're just being the good guy, I guess. We're helping them out," he said.
      "I believe it should be the township board deciding what is the best use for the property out there," said township Supervisor Bill White.
      The $50,000 budgeted for legal fees this year is up from $13,000 budgeted two years ago in 2003-04, Schuler said.
      "We could have used that money to resurface North Bayshore Drive, or things like that," said resident Frank Rosengren.
      Officials budgeted $20,000 for road maintenance this year, $27,000 for the cemetery.
Clearing the Record
Because of a reporter’s error, this story incorrectly stated that one of Mina Wilcox’s heirs lives across the street from the gun club. Wilcox’s granddaughter Carolyn Shah owns property adjacent to the club and lives nearby, less than a mile away.

See Related Stories:
      Contamination could be an issue at gun club - January 15, 2006
      Shooting club to appeal ruling - December 13, 2005
      Township to appeal to state Supreme Court - December 8, 2005
      Courts rule against gun club - November 26, 2005
      Club has to pay rent during appeal - April 19, 2005
      Sportsman's club promises appeal of ruling - January 21, 2005
      Judge: Abide by woman's will - January 19, 2005

See Related Editorial:
      Elk Rapids Township must halt further lawsuit appeals - December 8, 2005

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