KALAMAZOO, MI (WKZO AM/FM) — A 60-year long legal battle between Kalamazoo County and a local family over a Cottage has been delayed another month.
The County first tried to condemn the last remaining privately owned parcels in Prairieview Park in 1961 when they bought the former game area from the State of Michigan.
The family fought it then and they are fighting it now.
Parks Director Dave Rachowicz says they have had to issue keys to the family because the Cottage can only be accessed through the park, which is locked up at night.
Park Director Dave Rachowicz:
But the Family, which includes over 40 people, claim the county is trying to steal their memories, and a prime piece of lakefront property.
Family:
Some compared it to the invasion of Ukraine.
Family:
Both sides say they have the legal authority to do what they are doing.
Commissioners voted to ask both sides to meet with their Lawyers to try to reach a deal in the next month. If they can’t, the request to begin eminent domain proceedings will come back to the board, which will likely spark a court challenge from the family.
The County is offering $310,000 for the half acre on Gourdneck Lake.
(reporting from John McNeill)
The judge who heard the case in court most recently said that the cottage could not be transferred from the original family owners to anyone else without allowing the county the “right of first offer”. That specifically includes transferring it to any children or other family members. It could not be inherited without the county having the right to offer to buy it. The judge said that because the original owners promised the county that wouldn’t happen in the contract signed by the original family owners and the county. The Johnson/Heeter family claim they bought half of it for $1. Two of the eight Talanda children believe they bought the other half from their parent’s trust for $60,000 but with an $8,000 “kickback” to them for technical reasons. No one notified the county, which violated the agreement the original family had with the county. The judge said he believes the Johnson/Heeter/Talandas knowingly did this.
All of this is in a public transcript of the judge’s summary. It is not a secret. The county and the families have the transcript.
It seems very wrong for the county to be attacked for expecting the families to hold up their end of a bargain after the county did its part. The family members altogether say they bought the cottage for less than $52,000 and refuse to sell for $310,000.
The reason the county wants that small parcel of land is for the safety, security, and control of the whole park and because of potential liability that could cost the tax payers a huge amount of money.