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Litigation began in Kosciusko Superior Court Friday between Winona Lake and its residents in a dispute over property rights along a laguna between East Canal and West Canal streets.
More than 20 residents claim Winona Lake does not hold the right to charge pier rental fees, which increased 150 percent in January, from $100 to $250 per space.
Attorney Richard Helm, representing the residents, claimed the town operated under "sporadic" and vague terms during the last 50 years regarding responsibilities and overall interaction with adjacent property owners of the waterway.
Helm reported numerous cases from recorded minutes of town councils. In one instance, council members questioned whether the council was responsible for conducting weed and vegetation control in the area.
According to Helm, early town agreements relied on the digression of pier and boat owners, and has since evolved into a situation where pier fees are increasing "exponentially" with no influence from residents.
A 2005 ordinance states the laguna is a public right of way regulated by the town. Pier fees collected from residents were to be used for a dredging project, which council members estimate to cost between $55,000 to $100,000.
"Just because (the town) dredges it doesn't mean they own it," Helm said. "It doesn't give title to the town.
"We have a situation which forces a few selected residents to pay for what is accessible to everyone."
Winona Lake attorneys Jim Walmer and Michael Lewinski, Indianapolis, argued the canal has been and should be treated as a public way, which can be regulated by the town for the nature of transportation.
"In order for a trial to be heard, property lines in question must be defined," Lewinski said.
Sides could not agree on where those lines are drawn. Residents say they are entitled to a property boundary that extends into the canal. Walmer and Lewinski argued against this statement, saying the rights of way, in the form of East Canal and West Canal streets, along both sides of the laguna, prevent residents from needing the waterway to access properties.
Judge Duane Huffer encouraged both sides to identify the extent of use for public easement, which could help remedy the argument and clear up discrepancies.
Huffer ordered that briefs from attorneys be submitted no later than Jan. 13 with responses turned in by Jan. 23.
