The Michigan Court of Appeals upheld a lower court ruling that allows Kalamazoo County to take ownership of the residential cottage at 1739 East U Avenue in Vicksburg. County of Kalamazoo v James Berry, a three-judge panel upheld the lower court’s decision, according to court records in case number 367503. A long-running legal dispute over a one-third-acre lakefront property surrounded by a public park has reached a key stage. A state appeals court has ruled that local officials can take the land using their legal powers to acquire private property. The property sits on the shore of Gourdneck Lake and is completely surrounded by Prairie View County Park. The panel included Presiding Judge Elizabeth L. Wallace, Judge Thomas C. Cameron and Judge Sima G. Korobkin. The judges found that county officials had met the legal requirements set out in Michigan’s Uniform Condemnation Procedures Act. The ruling allows county officials to move ahead with adding the privately owned plot to the surrounding park. It also brings a property dispute that has lasted for decades closer to a resolution.
They argued that acquiring it was necessary to complete public recreation plans first developed when the park project began in 1960. Lawyers for the family argued that local officials could not use a development plan created 60 years ago to justify taking private land today. They referred to section 123.61 of the Michigan Compiled Laws, which specifically allows local governments to acquire land for park expansion through condemnation.
Because plaintiff intends to presently incorporate the subject property into the park, in response to the family’s argument about the long delay, the judges stated: “This argument is unconvincing. It confirmed that the trial court had the legal authority to hear and decide the condemnation case.
In court filings, county officials described the cottage plot as a “landlocked parcel” within the park’s boundaries. Citing earlier state court decisions, the family’s lawyers said that more than six decades had passed, making the original public purpose outdated. “A public park is clearly a public-purpose use of real property,” the judges wrote.
Before county officials started buying land for the recreational area, a private family had already bought the lakefront cottage and the land around it. As the county acquired nearby properties to build public facilities, picnic shelters and swimming areas, the one-third-acre plot with the cottage remained in private hands. For more than sixty years, family descendants continued to own the cottage, even though public land surrounded it on all sides. Tensions grew when county officials tried to acquire the property to complete the park. When talks failed to produce a voluntary sale, Kalamazoo County began formal legal proceedings to take the property under state eminent domain laws. These laws allow the government to acquire private land for an approved public purpose. In their appeal against the trial court’s order allowing the county to take the property, the owners argued that county officials had no legal authority to do so and had failed to prove that the taking served a genuine public purpose. The Court of Appeals rejected these arguments. In an opinion issued on behalf of the full panel, the judges ruled that adding private land directly to an existing public park clearly qualifies as a public use under state law. The court also found that Kalamazoo County had followed all the required legal steps under Michigan’s eminent domain laws. Throughout the case, lawyers for the family argued that the county’s actions unnecessarily interfered with long-standing private property rights. They argued that county officials had not shown an urgent public need to take the cottage. The family’s lawyers also questioned the procedures followed during county meetings. In separate court filings, they alleged that local commissioners had violated open meetings laws while discussing the property. Michigan’s Uniform Condemnation Procedures Act requires the government to pay property owners fair compensation Although the appeals court ruling confirms that the county can legally claim a public purpose for taking the land. If the two sides cannot agree on the property’s fair market value, the case will return to the trial court to determine how much money the county must pay the family. The family can also ask the Michigan Supreme Court to review the appeals court’s decision.
Lawyers from Levine & Levine, who represent members of the Berry family, had previously described the dispute in public statements and court filings as an excessive use of government power.