After some delay and debate, the Independence Township’s legal firm stated that the township board ‘should not? cannot? share easements with the North Oakland Headwaters Land Conservancy.
At the May 4 regular meeting, Karlstrom Cooney presented a formal opinion on the Pine Knob Golf Course easements. According to the letter provided, the township board ‘should not, and in all probability, cannot effect such an assignment or purpose.?
The letter, signed by Stuart B. Cooney, concludes, ‘we recommend that the board not endeavor to assign its scenic easement on the Pine Knob Properties to a private entity.?
Karlstrom Cooney listed several reasons for not recommending the sharing of the Pine Knob easements:
? The township does not need to renew the easements after 40 years. ‘In Section 4, of the Marketable Title Act the legislature specifically exempted political subdivisions (such as villages, cities and townships) of the State of Michigan from application of the act.?
? Sharing the easement would limit the township’s interest without any measurable benefit. ‘It does not seem prudent to create a potentially terminable interest in the easement to protect a non-terminable interest.?
? ‘The scenic easements at issue were executed as part of a specific zoning proceeding.? Since the easements are the product of a zoning procedure, they are subject to zoning law; and no reference was made in those easements to provide for any beneficiary other than the township.
? In the concluding paragraphs, the letter states that ‘since the board is clearly concerned with its ethical and legal duty to represent its constituents, we wonder why it is important to dictate to a future board that it may not freely perform the same duties.? The opinion states that the Open Meetings Act and public elections provide opportunity for the public to express themselves.
‘It is inappropriate for a municipal government to unilaterally alter its good faith agreements regarding valuable private property rights simply to prevent its own successors and future constituents from having a different view on the issue,? as stated in the letter.
Several area residents spoke on the opinion; however, discussion was limited since the opinion letter was originally presented to the township as a confidential document, and did not become public until the meeting.
Representatives of AAC Acquisitions, Inc., were unable to attend the board meeting. Robert Mollicone, sales and marketing for Pine Knob Enclaves, said company officials have not yet seen the opinion or had an opportunity to review the board minutes.
In addition, Citizens for Orderly Growth (COG) did not have any updates on the topic posted on their website as of deadline Monday.
According to Wagner, he expects AAC Acquisitions to be before the board at the May 17 regular meeting; however, nothing formal was set at the time.