Citizen's contesting a repeating

Asked May 20, 2019, 11:22 AM EDT

Can I as a citizen of Muskegon contest in court the replatting of lake frontage on Muskegon Lake to a local developer.?It is going to court for the judge to decide if the City can give away our Lake frontage adjacent to their property.

Muskegon County Michigan zoning and land use regulation land use public policy

1 Response

Greetings,

It seems the process of changing your subdivision is following that noted in Section 104 of the Land Division Act, which reads in part: “A replat of all or any part of a recorded subdivision plat may not be approved or recorded unless proper court action has been taken to vacate the original plat or the specific part thereof…”

Then, the process to revise a recoreded plat is explained more in Sections 222 through 229. Section 224a(1) specifically states “The plaintiff shall join as parties defendant each of the following: (a) The owners of record title of each lot or parcel of land included in or located within 300 feet of the lands described in the petition and persons of record claiming under those owners.”

Section 226(1) then states “Upon trial and hearing of the action, the court may order a recorded plat or any part of it to be vacated, corrected, or revised…”

Beyond that, the Land Division Act does not have much detail on the specifics of the court action/process. However, there is some additional detail explained in this Michigan Real Property Review article written by experienced attorney and planner and Marc Daneman – Replatting and Subdivision Changes: The Frustrating Paper Chase (begin reading at page 197).

Please note, this is not legal advice and you are encouraged to seek the opinion of a qualified attorney.