Property rights in the news
A Grand Traverse County Circuit judge has issued an injunction prohibiting owners of summer homes on Torch Lake from renting them out on a weekly basis, finding that such rentals constitute a "commercial activity" prohibited by zoning ordinances and deed restrictions. (Source - Detroit News editorial)
A Caseville couple is defending against the Army Corps of Engineers in Federal court in Bay City to establish their right to level and grade sand which accumulates against a storm fence at their summer cottage. The ACE has always used a generous interpretation of "navigable waters" to enhance its jurisdiction, claiming that it has the authority to prohibit tampering with wetlands which are in the proximity of true navigable waters. The ACE seems to have gotten even more expansive in this case, alleging that the beachfront in question is "emergent wetlands". (Source - Bay City Times)
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