Continuously serving Kosciusko County since 1854
SYRACUSE - The long-running disagreement between the town of Syracuse and some of its residents over placement of piers is over.
Four years and a couple other court cases later, the Indiana Supreme Court recently refused to hear further the petition of 15 Syracuse Lake property owners to determine who has rights to the lakeside property.
The original case of Ginger Abbs et al vs. The Town of Syracuse et al moved through the Kosciusko Circuit Court to Indiana Court of Appeals with a couple stops at the state Supreme Court. The plaintiffs argued that as owners of property adjacent to the shoreline they held riparian rights, or ownership of the property that abuts the lake, and therefore were the only people who could place piers at these locations. This argument was based on the concept of "fee simple," which pertains to a property owner's claim to the land under roadways. An early determination by Special Judge Douglas B. Morton, however, found the town, as "owners" of town streets and alleys, has riparian rights. Therefore, the defendants who placed piers at these locations were using the town's access to the lake.
This decision was appealed, a request was made to transfer it to the Indiana Supreme Court, which refused to hear it, and the case was turned over once again to the circuit court. Judge Morton again found in favor of the town, but the plaintiffs asked the high court to review it. The Indiana Supreme Court recently refused for the second time to hear the case.
"It's over," said plaintiffs' attorney Stephen R. Snyder. "I think the issue was significant enough to pursue - it affects hundreds of similar streets and alleys - but my view and that of the court don't match. Now there is no general rule, and each lawsuit will have to be determined on a case-by-case basis."
Town attorney Robert Reed agreed that the fight is over, but never should have taken place. "The Court of Appeals said it should have been thrown out a long time ago," said Reed.
In related matters, the case that had Abbs trying to stop the town from paving Benton Street, which runs in front of Abbs' house and stops at the lake's edge, was determined in favor of the town. That case originally began as a civil rights violation claim before the U.S. District Court, but the plaintiff requested a dismissal and re-filed in the Kosciusko Circuit Court. Judge Rex Reed dismissed the case, but later Special Judge James Heuer of Whitley County ruled that the case contained enough merit for a trial. The town then filed an appeal, and the Indiana Court of Appeals ruled in favor of the town.
Also, the Department of Natural Resources recently filed its disagreement with Syracuse officials over whether or not installers of the piers, located in the lake at the ends of the town's streets and alleys, could be prohibited from using auger posts. The DNR's argument that the posts altered the lake bed was found not generally applied to all piers, and any alleged damage would be insignificant.
Tom Miller, Syracuse street superintendent, said the council will discuss options for Benton Street, including paving or seeding. He has taken down the snow fence and would like to make the area more attractive.
