After two summers of heated discussion by residents around Pine Island, Orion Township has finally taken action.
The township formally sued former state senator Mat Dunaskiss for allegedly setting up a marina without proper documentation.
The suit was filed in Oakland Ciruit Court and is awaiting its initial hearing.
The Review reported last August that some residents on the lake were suspicious that Dunaskiss was attempting to operate an illegal marina off of his property on Lake Orion.
A home formerly stood on the small island owned by Dunaskiss, but it burned down in 2003.
‘We’re trying to enforce our ordinance,? said Township Supervisor Jerry Dywasuk of the suit. ‘The next step was to file this circuit court item.?
Dywasuk said the suit was a ‘declaratory action,? letting the Department of Environmental Quality know that there has been a violation of the township’s zoning ordinance.
‘Basically, before the DEQ makes a decision, we wanted to make them aware of our position,? he said.
The DEQ held a public hearing on the incident in June and was supposed to make a decision on an application, filed by Dunaskiss, for a marina permit by September.
That permit, according to Dunaskiss, is still under review.
‘I’m a bit shocked and disappointed that our township has decided to spend legal fees on this matter without sitting down and talking it through,? he said.
‘It’s not a marina with gas docks or anything like that,? the former state senator said. ‘It’s simply five boat docks.?
Dunaskiss said he was surprised the township would take action when there’s pending business on the matter with the DEQ, adding that their decision could make the lawsuit moot.
Roger Ebejer, a resident who lives near the proposed marina, disagrees.
‘Regardless of whether the DEQ issues him a permit or not, the land is not zoned for that type of use,? he said.
Ebejer said the land is zoned for residential use, and Dywasuk agreed.
‘The DEQ has control over the water,? the supervisor said. ‘As far as on the land, it appears a marina was in use.
Ebejer, along with many other members from the Lake Orion Lake Association, turned in over 400 petitions against the marina to the township earlier this year.
‘As a citizen, I am glad the township is taking action and I’m sure the courts will do their part,? Ebejer said.
Dunaskiss said the marina is docks that have been repaired, but always were part of his property.
‘If we do have to go into court, we’ll prove that it’s continuous use,? he said.
Dunaskiss added that having five docks for a mile and a half of property is not that unreasonable.
For residents like Ebejer, it’s the location of the docks and what goes on after hours on the island that has made the issue a problem for consecutive summers.
Dywasuk said the township’s delay on the matter was the result of many things, including their lack of proof that Dunaskiss was charging for the marina.
Dywasuk added that since there is a lawsuit in place, he expects the DEQ to rule accordingly.
‘If they were in favor of Mr. Dunaskiss? proposal, they would set a precedent for other people on the lake,? he said.