The Michigan Supreme Court has turned down an appeal by Benton Harbor residents who opposed the city’s move to turn part of its public lakefront into a luxury golf course.
Over the weekend the court issued an order stating that although it had heard arguments in the case in January, it decided not to consider the issues presented.
Jean Klock Park, with its half mile of Lake Michigan frontage, was donated to Benton Harbor in 1917 by John and Carrie Klock as a memorial to their daughter. In 2006 the city agreed to lease 22 acres at the center of the park to developers for 105 years. The city was given contaminated former industrial parcels in trade for the park’s lakeside dunes.
The Friends of Jean Klock Park wanted the high court to overrule an appeals court decision that upheld the town’s lease of the park for golf purposes.
The Associated Press reports:
Supreme Court Justice Stephen Markman, who called the deal a “breach of faith” with the Klock family, disagreed with the rest of the court and wanted to hear a full appeal.
“Although the city prevails today, it, and other communities throughout our state, may well come out losers tomorrow as later generations of philanthropists look at the legacy of J.N. and Carrie Klock and come to question the faithfulness of government in upholding their intentions after they too have passed,” Markman said.