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MICHIGAN SUPREME COURT

Is a golf course a public park?By Mark Brush (/people/mark-brush)

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Google's view of Jean Klock Park in Benton Harbor, MI

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The Michigan Supreme Court heard arguments yesterday on the disputearound Jean Klock Park in Benton Harbor.

In 1917, some land along Lake Michigan was given to the city of BentonHarbor. The "Friends of Jean Klock Park (http://www.savejeanklockpark.org/) "

describe the gift this way:

In 1917, John and Carrie Klock deeded a half mile of lake

Michigan frontage to the City of Benton Harbor Michigan inmemory of their deceased daughter Jean. Their gift consistedof 90 acres of globally rare natural resources that includedGreat Lakes Dunes, a Great Lakes Marsh and interdunal

wetlands. The donated land was named Jean Klock Park andwas dedicated "FOR THE CHILDREN" - "in perpetuity" -"FOREVER."

Today, the city of Benton Harbor has leased part of the park to the Harbor Shores Community Redevelop (http://www.harborshoresdevelopment.com/)

Corporation (http://www.harborshoresdevelopment.com/) . The Redevelop

Corporation used the land, including sand dunes along the Lake Michigan

shoreline for 3 holes of an 18 hole golf course.

Residents didn't like it and they filed a lawsuit. The case made it to theMichigan Supreme Court yesterday.

Here's a video released by the "Friends of Jean Klock Park":

of 3Is a golf course a public park? | Michigan Radio

1/24/2011http://michiganradionews.org/post/golf-course-public-park



Tags:

benton harbor (/list/term/1353) jean clock park (/list/term/1367) michigan supreme court

(/list/term/44) golf course (/list/term/1354)

Laura Weber, of the Michigan Public Radio Network (http://www.mprn.org/),

reported that representatives of the city say the golf course is available toany golfers for a $40 fee, and is open to the public at all times.

During arguments, Michigan Supreme Court Justice Stephen Markman said:

"So is Burger King. So is Walmart. They’re open to the public at

all times too. We wouldn’t call them a public utility, would we?"

MPRN's Laura Weber filed this report on the case to Michigan Radio:

Opponents of a golf course development in Benton Harbor hope the state Supreme Court w ill rule the Jack Nicklaus-designed course should not have been built. They say the golf course was built on public park property never intended for that

purpose when it was given to the city in 1917.

Scott Howard represents Benton Harbor residents who saythey public park has been misused.

"It's a legacy case, it’s a case about how do we respectpeople’s wishes and intentions when they give a gift, especiallya substantial gift that is designed to benefit the community, thepublic, the citizens of this state and the citizens of the

community."

Representatives for the city say the golf course serves a publicpurpose.

Justice Stephen Markman says it is important to figure out theprimary purpose of a public park:

"When one goes to the park, I think the ordinary person canunderstand what that means. I think the question is a fairly

simple one. I’m not saying your position is right or wrong, butthe question is, 'is a commercial golf course a park?'"

The Supreme Court is expected to rule on the case in a fewmonths.

RELATED POSTS:

MI Supreme Court to hear dispute over Benton Harbor golf course (/post/mi-

supreme-court-hear-dispute-over-benton-harbor-golf-course)

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spelling is important: it's Jean Klock Park

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1/24/2011http://michiganradionews org/post/golf-course-public-park

is a golf course a public park?

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