Huron Beach outlot ownership to be decided by a mediator

Circuit Judge Scott L. Pavlich has ruled that the case involving disputed ownership of lake front property called ?outlots? was appropriate for mediation and ordered both parties to select mediators for the court to consider. The parcels are located between Lake Huron and a platted subdivision in Bearinger Township. Several property owners in the subdivision have requested the outlots be deeded to them from the Huron Beach Civic Association (HBCA), while members of the HBCA have denied the request and have said they don?t want to deed the property to individuals or a private party.

The attorney representing the plaintiffs, Don Darnell of Chelsea, said the original agreement of 50 years ago requires the HBCA to convey the outlo

ts to the owner when they are requested. The deeds to the outlots were conveyed to the HBCA in the 1970s. Attorneys from both sides presented arguments before Pavlich in January. A few weeks later, the plaintiffs filed a supplemental brief in support of a motion to have Pavlich dismiss the case. In early February, defense attorney Tim McArthur filed a memo in opposition of the request, stating he had a letter from a former president of the association that shows the intention of the original platter was for owners on both sides of US-23 to have access. The letter was from Helen Browne, wife of Major Franklin Browne.

?Therefore, for the court to grant unconditional and unrestricted ownership to a club or association and in particular, individuals, would be contrary to this intention,? court records state. IN PAVLICH?S ruling of February 15 he stated, ?It would appear from a review of the briefs, as well as considering plaintiff?s argument, that this case is appropriate for mediation.? ?Therefore, it is ordered that the parties shall select a mediator in order to attempt to facilitate a resolution of the issues presented in this case,? Pavlich stated. McArthur said his client has followed the judge?s order for facilitative mediation and selected Petoskey mediator Steven Tresidder. Darnell is unhappy with the order and believes mediation is not appropriate, ?because defendant’s officer, Doris Parker, has expressly stated they won’t give plaintiffs the disputed property unless the court orders it,? said Darnell. ?I have found Judge Pavlich to be a thoughtful judge, and we understand and appreciate the court’s attempt to resolve this? (but) if we thought it would resolve the case, of course we would agree to mediate it.? Facilitative mediation is a process in which a neutral third party facilitates discussion between litigants, assists in identifying issues, and aids the litigants in exploring solutions to foster and promote a mutually acceptable settlement. DARNELL DOES not see any settlement coming from the HBCA. ?They have acted in bad faith and with a frivolous defense at every turn of this case.? In deciding on facilitative mediation, McArthur said the judge must have seen merit on both sides in determining this course of action. McArthur said to convey the outlots would defeat the intent of what the platter wanted when the original plats were set up in the 1950s. He said the back lot owners always have had access to the water, and the concern is that if the property falls into individual hands, they won?t have access to it anymore.