One of Ganges Township’s responsibilities is to carry out the laws of the State of Michigan and their own local ordinances. The plat on the right was originally platted and recorded with the Recorder of Deeds in Allegan County in 1965 under the Plat Act of 1929. In 1967, the State of Michigan passed the Subdivision Control Act of 1967, which was amended in 1996, and the name was changed to the Land Division Act of 1967.

Under the original Plat Act of 1929, there were certain things the township was required to do to get a planned development accepted. One was the County Road Commission was required to come out to determine the width of roadways. There are two private roads that are part of our platted development. The larger 66’ wide road is designated as Blue Goose Avenue and has residential units on both sides of the road. The 30’ road is designated as Mallard Street and had houses on only one side of the road. The developers placed a dedication in the plat that stated: “Blue Goose Avenue and Mallard St is dedicated as private to the use of the lot owners and adjacent property owners.”

Subsequent to placing the dedication on the plat, the developers developed all of the “adjacent” properties into residential units without complying with the Land Division Act of 1967 through a conspiracy with township officials.

When the developers purposely circumvented the law through the use of an agreement on the plat, it creates an unenforceable contract. “It is a general rule that an agreement which violates a provision of a constitution or of a constitutional statute or which cannot be performed without violation of such a provision is illegal and void”. Keith Furnace Co. V MacVicar, 250 Iowa 246, 280 N.W. At 498 (1938).

Ganges Township continues to disregard the requirements as laid out by the Land Division Act of 1967 resulting in damage to a private road as shown in the picture to the right maintained by lot owners within the plat.

West Michigan News Company

Writ of Mandamus

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