For years, there’s been discussions between certain property owners on Bellevue Road and Lake Orion Village officials as to who owns the lakefront property on the east side of the road.
The section runs from the curve near Unger Park to ‘Goat Hill.?
Homeowners use these pieces of land in front of their houses and across street from them mostly for parking and have maintained them.
They want to officially own their piece of property. Village officials, unclear whether it’s legally part of the village-right-of-way, have been leery of pursuing the homeowner’s requests.
According to LO Village Manager JoAnn Van Tassel, that changed a few years ago after a case (Williamson vs the Road Commission for Oakland County) that involved property immediately east from Rick’s Party, north, across Heights Road.
The ruling indicated the property was accreted land ( created over a period of time by natural elements) and Williamson was entitled to extend his lot lines.
The Bellevue situation isn’t as clear. Van Tassel said that during the 1970s when the sewer line was brought down the road, dirt was dumped by the contractor along the edge of the lake
In the 1980s, broken concrete was put in the area. A seawall was built and filled in. Because of all this fill and accretion over time, Van Tassel said road and right-of-way boundary lines have become unclear.
Another problem with the land on the east side of Bellevue Road popped up several years ago. It was discovered that an Orion Township assessor had assigned one sidwell number to all the property to one homeowner — Richard Wonch.
‘We never saw that Wonch ever had a valid claim to any title. We’re not sure why the township did that,? Van Tassel said. That problem has since been cleared up.
Two property owners on Bellevue, Morris Cucksey and Paul Borrusch filed suit against the village, saying they wanted ownership of their pieces of property they had improved over the years.
According to Van Tassel, Cucksey/Borrusch won a consent judgement and the village conceded their property was accreted.
Based on that judgement, property owner Glenn Lukas also filed suit claiming ownership.
The village’s lawyer, Gary Dovre, recommended that the rest of the homeowners in that area of Bellevue be added to the suit so the village wouldn’t have to deal with four or five different cases.
The neighbors agreed to each pay village engineers Hubbell, Roth & Clark, $600 for a survey to see how much land is available to the property owners .
Van Tassel said HRC has done preliminary sketches, but not legal descriptions.
Council members recently rejected Dovre’s suggestion.
Fred Fleming, representing five Bellevue property owners, requested to the council members on Oct. 25 they reconsider Dovre’s suggestion.
Council members postponed any action until all seven council members are in attendance. Councilman Harry Stephen was absent.