A three judge panel of the Michigan Court of Appeals has ruled that a Jack Nicklaus Signature golf course is a “park and/or a public purpose” and therefore does not conflict with the 1917 deed that conveyed a 90 acre stretch of Lake Michigan dunes to the city of Benton Harbor as a public park.
The ruling by Judges Deborah A. Servitto, Richard A. Bandstra and Jane E. Markey is a victory for the developers of Harbor Shores, a posh real estate and commercial development centered around a golf course that covers part of Benton Harbor’s Jean Klock Park.
Plaintiffs in the case argued that by issuing a 105 year lease to developers, Benton Harbor had violated the terms of the deed that specified that the park be forever used as “bathing beach, park purposes, or other public purpose.”
Benton Harbor is an extremely poor town, and the golf course that’s been built in the park is expected to charge annuals fees of more than $3500.
Earlier this month U.S. District Judge Robert Holmes Bell dismissed a case that claimed federal agencies violated environmental laws when they approved the swap of contaminated industrial parcels for public park land.
The conversion of the park required both state and federal approvals because the park was improved with federal grants.