Attorney Philip L. Ellison's Statement on the Sixth Circuit's Decision on Michigan's Newborn Screening Program
OLC Secures Win in Lake Missaukee Road-End Riparian Rights Case
https://olcplc.com/public/media?1748182676
In a decisive victory for property owners, a Lake City couple have prevailed in a significant legal battle against the City of Lake City, as ruled by the 28th Circuit Court for Missaukee County on May 12, 2025. The civil judgment affirms the Bartletts’ ownership of the fee under Logan Street North, granting them riparian rights to the water’s edge of Lake Missaukee, while carefully balancing limited public access rights to the area.The lawsuit, initiated on July 6, 2021, centered on the Bartletts’ claim to quiet title over a portion of Logan Street North, an unimproved roadway within the Eising’s Addition plat, adjacent to their property on Lots 4 and 5. The court ruled that the Bartletts hold the fee simple to the southern edge of Logan Street North, extending approximately 17 feet to the lakefront, thereby confirming their riparian rights. This decision clarifies that the City of Lake City holds only a base fee in trust for public use, limited to specific activities such as installing a single nonexclusive dock, boating, fishing, and swimming. Shore activities, including picnicking, sunbathing, and installing boat hoists, are explicitly excluded from the public’s rights under the plat’s dedication.
The court also addressed the City’s proposal to erect a 66-foot fence across the road-ends of Logan Street North and Logan Street South. The judgment permits the fence but imposes strict conditions to protect the Bartletts’ rights while ensuring public access. The fence must include two 6-foot-wide gateways, evenly spaced, and feature clear signage to delineate the boundaries of Logan Street North and Logan Street South. These signs will inform the public of permitted uses, such as lake access for boating and fishing, and prohibited activities, ensuring clarity and compliance with the court’s ruling. The fence must also adhere to local zoning standards and be positioned to avoid infringing on the Bartletts’ riparian portion.
The case, which proceeded through multiple motions, trial, and an appeal to the Michigan Court of Appeals, underscores the complexity of plat dedications and the necessity of clear evidence regarding plattors’ intent.
“The court’s decision upholds serious property rights while clarifying the narrow limits on public use and access to Lake from a public street,” said attorney Philip L. Ellison. “This ruling is a testament to the importance of protecting individual property rights in northern Michigan communities.” The owners’ victory secures a significant decision for property owners facing similar disputes over public easements and riparian rights.
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