Continuously serving Kosciusko County since 1854
WINONA LAKE - Since November 2004, property owners along Winona Lake's canal have been in disagreement with the town council regarding annual pier rental fees along the public right of way.
Residents sued the town over the matter, and a trial began in December 2005, with plaintiffs claiming they owned the property which the town was using to charge the rental fees.
On March 27, Superior Court I Judge Duane Huffer ruled the town had the power to lease pier spaces along the edge of the canal. Huffer refused to reconsider his decision after being asked by the residents.
Rolly Ortega, councilman, read from a letter Tuesday addressing the issue, stating the town's incurred expenses in the matter.
"To date, the town has spent $57,800 on defending the public's right to use the canal for docking boats and in refuting the adjacent property owners' claim that they own additional property beyond the legal description contained in their deeds," Ortega read.
"More expenses are anticipated as the recent appeal will further divert funds from maintenance needs. The appeal process is expected to take several months.
"The town chooses to keep taxpayers abreast on this ongoing lawsuit that affects Winona Lake taxpayer dollars and is communicating with the public they serve."
According to several council members and Town Clerk Treasurer Retha Hicks, the funds exhausted by the expenses of the lawsuit limit the town's ability to finance a project to dredge the canal. A bid collected from Michigan Aquatic said the dredging of a 25-30 percent portion of the canal will cost $98,525.
"Anytime you're sued, you're going to lose money," Town Attorney Jim Walmer said. "No matter how foolish the claims might be, one still has to defend against (these allegations)."
Certain residents questioned why this recent issue had been addressed differently to the public than previous, similar lawsuits.
"In fairness to the residents along the canal, a paragraph should be included in the letter involving the Lions Club lawsuit," Jerold Nelson, a plaintiff in the canal lawsuit, said.
Nelson referred to a 2003 lawsuit in which the town's Lions Club sued on grounds of damages and compensation following the vacation of its property on the Winona Lake island. The organization's building later was demolished.
Hicks responded to Nelson's inquiry, saying the town had publically addressed the Lions Club issue, and had reported expenses from that lawsuit as well.
"I don't feel this information is relevant to the current issue," councilman Jerry Clevenger said.
Plaintiffs in the canal lawsuit are Nelson, Janice Nelson, Anita Thomas, Sharon Justice, Eugene Seiman, Roger Smith, Carol Smith, Clarence Deturk, Robert Horne, Betty Horne, Heinz Fussle, Virginia Smith, Brendt Smith, Kenneth Konieczny, Herbert McKinley, Betty McKinley, Fred Landolt, Machelle Landolt, Roelf Kuitse, Deborah Kuitse, Davis Illingworth Jr., Cynthia Illingworth, Warren Campbell, Annelies Campbell, Herbert Teeter, Barbara Teeter, Roy Guenin and Carol Guenin.
