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WINONA LAKE - Local residents and members of the Winona Lake Town Council underwent mediation Friday in an effort to reach an agreement in a suit involving 18 properties along the town's canal.
Residents believe they are entitled to own property along the canal, which are currently owned and maintained by the town. The dispute arose following an increase in pier fees this year and an ordinance passed in May vacating a public way beside Jim and Lisa Lemasters' property, allowing them ownership to the adjacent shoreline.
According to the council, of the 29 plaintiffs in this suit, four were present during the mediation, which reached no agreement. A court date will now be established.
"It's unfortunate, but the people along the canal brought about the suit without ever talking to the council," councilman Jeff Carroll said. "We believe the canal is a right-of-way and should be regulated for the public good."
Plaintiffs are asking that ordinance 2005-2-2 be declared void and illegal. The ordinance was approved this year by the council to regulate "the construction, use and maintenance of piers and sea walls upon the canal." They also declared the desire to be reimbursed for all fees incurred this year and prior years due to pier fees along the laguna.
Pier fees in January rose in from $100 per season to $250 for residents, and nonresident prices increased to $300.
Carroll said $17,000 was collected this year in pier fees, which would be used every 8 to ten years to dredge the canal - what he calls a routine maintenance performed by the town. Dredging is estimated to cost between $55,000 and $100,000.
"With the money we've collected this year, we've already spent $20,000 in attorney fees, and this will continue to accumulate because no agreement has been reached," Carroll said. "These plaintiffs are causing expenses to be incurred by all the taxpayers of Winona Lake."
But plaintiffs are stating the town is using selective enforcement on pier rentals, and past disputes have arisen regarding exactly what a "pier" is and who "owns and maintains" existing properties in the area.
These residents feel the pier rentals single out certain property owners and grants the town immunity from any responsibility in the area.
"If they get what they want, the people in the lawsuit could be charged for routine dredging and may be assessed in real estate tax bills," Carroll said. "I don't know if everyone completely understands what will take place if the disputed property changes hands."
Council members present were Carroll, David Delp, Joy Lohse, Jerry Clevenger and Rolly Ortega. Town attorney Jim Walmer and Town Coordinator Craig Allebach also attended the meeting.
The council is scheduled to meet again on Tuesday at 7 p.m. in Winona Lake's town hall.
