Public land dispute
5:10 pm
Wed February 9, 2011

MI Supreme Court will not review Benton Harbor golf course case

The state Supreme Court will not take up the case against the city of Benton Harbor and developers of a Jack Nicklaus-designed golf course.

Three holes of the 200 acre golf course were built on the dunes of Jean Klock Park on the shores of Lake Michigan. The 90 acre park was donated to the city in 1917 for public recreation. Opponents argue a private golf course isn’t a public use.

The Michigan Supreme Court ruled six to one against taking up the case. Documents say the court was “not persuaded that the questions presented should be reviewed by this Court.”

Carol Drake is one of two residents who filed the suit. She is vice president of the Friends of Jean Klock Park organization. She says Justice Steven Markman ‘got it’ in his dissent.

“That was just amazing to me that collectively that the other justices couldn’t see that this is a legacy case; how important this is and what this decision does in terms of other deeded land and other park lands.”

She argues the case creates a bad precedent for the preservation of public lands.

“I believe that history will show that we were right. That this land should never have been used for a golf course to begin with, that it was a privatization of public park lands, and that if it fails, the rest of the park will probably follow in terms of being used for private purposes.”

Drake is hoping the bench in a separate, federal case will be more favorable to her side. That case is set to go before the Court of Appeals in Cincinnati this spring.