Judge Pavlich orders bench trial to resolve ?outlot? lawsuit

A two-day bench trial will take place sometime in January or February to settle the ?outlot? property issue in the Huron Beach area of Bearinger Township, 53rd Circuit Judge Scott L. Pavlich ruled. Pavlich had a conference with attorneys from both sides Monday, and upon returning to open session, said he could not make a ruling on a motion to dismiss the case, or grant relief to either side, without hearing additional information in the case. Steven Slifko, and 17 of 18 property owners representing 42 of 43 lots, have joined in a lawsuit against the Huron Beach Civic Association, to decide who is the rightful owners of the lakefront parcels of land called ?outlots.? The lawsuit was filed more than a year and a half ago, said Slifko.

THE PLAINTIFFS believe the Huron Beach Civic Association is exercising property rights and privileges it does not have, said plaintiff?s attorney Nik Lulgjuraj. Tim McArthur, who is counsel for the HBCA, said the position of his client is that the outlots have been owned by the HBCA since the 1970s, and that they want to maintain ownership. ?The Huron Beach Civic Association has always maintained the lots in their natural state,? said McArthur. ?They have not allowed any development to occur on the lots. They always have allowed everyone within the various subdivisions to walk freely on the outlots.?

McArthur also said the HBCA wants to maintain the lots in their natural state. The outlots are located at the end of each block of homes, between Lake Huron and homes, and have been accessible to people not living adjacent to the beach area. Lettered blocks are located within Spruce and Balsam parks, as well Cedar II Park.

THE PLAINTIFFS believe that at the time of the dedication of the plat, that after all the lots in the lettered blocks were sold, that a club or an association could be formed. It is at that point the lo

ts should be conveyed to members of the group, if requested. Both parties said they were pleased the issue is going to trial so all the information and documents can be presented before Judge Pavlich. Slifko said ?all the facts will clearly speak for themselves.? McArthur said a bench trial would allow ?both sides to put all of their arguments before the judge.? Earlier this year, instead of ruling on a motion for summary disposition, Pavlich ordered the case be heard in mediation. The two sides met at Alpena Community College in June in a session that was described as friendly, but issues remain unresolved.

McArthur said the two sides tenatively agreed to a few issues, ?but the big issue is how these outlots were going to be held.? While a specific date has yet to be set, Pavlich ordered both sides to update their witness and exhibit lists within the next 14 days.

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