Citizens File Lawsuit Against Michigan DNR
Seventy-five citizens of Chocolay Township filed suit Friday, January 6, 2006 in the Marquette County Circuit Court against the Michigan Department of Natural Resources. The suit cites the nuisance created by establishing a snowmobile trail in the Lakewood Lane residential area, located just south of the city of Marquette, MI.
The lawsuit states that the motorized trail is a nuisance because snowmobiles are being driven across plaintiffs’ property, creating a hazard and danger to the plaintiffs and their property. The excessive noise, vibration, noxious fumes and inherent risk of snowmobiles operating at high speeds at all hours of day and night constitute a nuisance by interfering with citizen’s reasonable use and enjoyment of their property.“The DNR is more interested in making money on licenses and trail fees rather than protecting private property and the health, safety and welfare of local citizens,” said Joe Holman, a plaintiff in the suit.
Over the last few weeks, 2 serious incidents occurred along this trail. Right after the trail opened, a snowmobile traveling at speeds of 100 miles an hour burst into flames, within 50 feet of a home. Last week, a snowmobile leaving the trail because of lack of snow on the trail crashed into a power pole guy wire so hard that it shook a nearby home and awakened its residents. “It’s a miracle that no serious injuries occurred here” said Jude Catallo a local resident and plaintiff in the case. “But this is the straw that broke the camel’s back.”
The snowmobile trail was established in spite of vigorous opposition by local government and against the wishes of Chocolay Township residents. The plaintiffs feel this is a prime example of a state agency usurping the power of local government and disregarding the safety of citizens and their desire to regulate and preserve the sanctity of their own neighborhood. The plaintiffs, most of whom live along the trail, contend that the citizens of Chocolay Township own the land, not the DNR, and assert that the DNR has excluded them from having a valid say in whether a trail should exist, what type of trail it should be and what type of safety measures should be taken to protect citizens living along the trail.
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