Collusion Between Ganges Township’
And the Developers on
Recreation Development Subdivision No. 1
The developer of the platted subdivision placed a dedication on the plat that the two private roads Blue Goose Avenue and Mallard Street are dedicated to the use of the lot owners and adjacent property owners. The validity of this dedication is now before both the Michigan Supreme Court and the Court of Appeals. This subdivision was platted in 1965 under the Plat Act of 1929, which was replaced in 1967 by the Subdivision Control Act, which was amended 1998 as the Land Division Act of 1967. Neither act provides for “adjacent property owners”, and there are no cases involved with this issue. Both acts have a simple way of providing for “adjacent property owners” by dedicating the road not as private, but as public. This meets the 14th Amendment of the U.S. Constitution’s “equal protection under the law” clause. If the road is public, both the lot owners and the “adjacent property owners” are subject to the same law, like who pays for the maintenance and upkeep of the road. When the road is dedicated as “private” it allowed the township to take money from both both the developers and “adjacent property owners” to the detriment of the lot owners.
Proofs regarding validity of dedication:
Recreation Development Corporation developed two platted developments by purchasing a ¼ section or just over 48 acres on Lake Hutchins in 1964 shown in the tax map above. The two platted subdivisions are Recreation Development Subdivision on Lake Hutchins and Recreation Development Subdivision No. 1 (RDS1) on a channel off of Lake Hutchins. The plats accounted for approximately 22 acres, while 9 acres were adjacent to the platted roads, and the balance allocated to wet lands and road ways. By the time the developers recorded the plat for RDS1 on Nov. 12, 1965, they owned not only all of the lots for the plat, but all of the adjacent properties.
The two sets of principals that controlled Recreation Development Corporation (RDC) were the Dangermond brothers doing business as ERA Resorts, a partnership, and Myron Sale and his wife. RDC deeded ERA Resorts all of the adjacent properties on April 1, 1967 almost a year and half after the subdivision was platted. This parcel included the adjacent properties south of Mallard Street. Myron Sale and his wife were not distributed the adjacent properties until much later on a deed dated Jan. 31, 1977, and it included the four parcels west of Blue Goose Avenue.
It is an established rule of law that an owner cannot create an easement across their own property. There is a motion and brief in support of that motion before the Michigan Supreme Court questioning the validity of the dedication on the plat based upon not only establishing an easement across their own property, but the violation of the “equal protection under the law” clause of the 14th Amendment of the U.S. Constitution.
Collusion between the township and the developer:
The township approved two land division applications to “adjacent property owners” that we currently have. One was on the south side of Mallard Street. As you can see from the tax map above, none of the land parcels just to the south of Mallard Street have frontage on the public road, 122nd Avenue. The land division application (Exhibit A) proposed that one parcel, which is a “division” has frontage on an existing public road.” It is obvious from looking at the tax map that this statement is false.
Roger Dengermond, one of the principals of RDC signed an affidavit that states “ I agree the statements made above are true, and if found not to be true this application and any approval will be void.” (Ex A2) Ganges Township issued two building permits on Mallard Street based upon a “void” application filed under the Land Division Act of 1967. This application was not been approved by the township assessor on page 2 (Ex A2), but it appears that on page 4 (Ex A4), Melvin Koenes the assessor accepted it on May 17,2000.
A second land division application (Exhibit B) on Blue Goose Avenue was accepted on both page 2 (Ex B2) and page 6 (Ex B6) by Mr. Koenes. Again on the first page, it states that “each new division has frontage on a public road”. The map on page 3 shows that out of four divisions, only one has frontage on a public road, the other three are on Blue Goose Avenue. Pages B7 through B10 are soil evaluations that show The water table to be at 6’, 18”, 3’, and 5’ respectively. That is why they could not get it to be accepted as buildable under their plat application.