Traverse City Record-Eagle

Charlevoix County

June 25, 2008

Boyne City officials settle ramp dispute

BY SHERI McWHIRTER

BOYNE CITY -- Boyne City leaders settled a dispute with a local development company over a small stretch of land along the shoreline of Lake Charlevoix, part of the city's public boat ramp.

The disputed property amounts to nearly 3,700 square feet in a triangular area to the south of the city's boat launch on North Lake Street. Devlon Properties of Charlevoix fenced in the area as part of a construction zone, but agreed in a settlement proposal to remove the fence so the land will remain public property, officials said.

The dispute was over whether the city or the company owned the land, confusion that dates back more than a decade to a previous landowner. Another company once built a portion of a building and paved a parking lot on the city-owned property there, said Todd Millar, the city's attorney for the case.

The building was demolished, but the situation led to misunderstandings about property lines, he said.

"We filed suit to get the court to make a decision on that," Millar said.

Boyne City sued Devlon for trespass in November and this month worked out a settlement with the company, which has not yet been filed with the Charlevoix County Circuit Court. No money damages were sought in the lawsuit.

"The parties have come to terms that the triangular piece of property is not worth fighting over," said Michael Edwards, the company's attorney from Gaylord.

Devlon will remove the construction fence by Aug. 1, give up any claim to the land and agree not to seek an appeal or attorney fees, according to the settlement. The city also agreed not to seek attorney fees, Millar said.

"The land will remain public property and a portion of the boat launch," he said.

Devlon is constructing a mixed-use development, the Boyne Beach Club and Marina, that will include condominiums, a hotel, restaurant, marina and office space, said Scott McPherson, the city's planning and zoning director.

The company received approval in 2004 to build the four-story building on the Lake Charlevoix shoreline, he said.

City leaders approved the settlement terms last week. Devlon officials will finalize the agreement and file it with the court within two weeks, Edwards said.

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