|
| NEW OWASIPPE LEGEND??? |
|
| FIRST - HOOVER, THEN OWASIPPE, THEN NO CAMPS! |
Status And Progress Of The "Save Owasippe" Effort and The Outdoor Education Center, Inc (OOEC),
a Michigan 501-C-3 Not-For-Profit Corporation and Charitable Organization.
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The year in review: The top news stories of 2007
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Sunday,
December 30, 2007
These are the top news stories [in 2007], as compiled by The Muskegon Chronicle newsroom staff:
#17...Owasippe trial :
The continuing battle over the future of the 4,800-acre Owasippe Scout Reservation headed to court
this fall, with the land-owner, the Chicago Area Council of Boy Scouts, arguing that Blue Lake Township's zoning is illegally
preventing the land to be developed for as many as 1,900 homes.
The ruling by Circuit Court Judge William C. Marietti, which may come in early 2008, likely won't
end the controversy. The losing party is expected to appeal.
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FINAL ARGUMENTS IN OWASIPPE TRIAL POSTED
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from
www.fortdearborn.org
(1/6/08) Attorneys for Chicago Area Council and Blue Lake Township have presented final arguments
in writing in the Owasippe Rezoning Trial. The final day of testimony was December 7th.
Chicago Area Council had filed suit against Blue Lake Township over zoning of the 4,800-acre Owasippe
Scout Reservation, which has been used as a Boy Scout camp for 95 years. CAC requires rezoning of the property from
Forest/Recreational to Residential in order to complete a 19 million dollar sale to Holland businessman Ben Smith.
Although the original lawsuit covered a much larger scope, Judge William Marietti dismissed several
claims in a summary disposition on October 25th. CAC's lawsuit was left with two issues to debate in trial.
The first issue involved whether or not the Blue Lake zoning ordinance, which required the property
to remain zoned as Forest/ Recreational, violated CAC's due process rights. The second issue involved determining whether
or not Blue Lake's zoning ordinance constituted a "taking" of the Owasippe property, thus rendering it valueless.
The final arguments of both sides are posted below without comment.
[Note: As of this date, no decision or judgement has been rendered by Judge William Marietti...and
we patiently wait.]
-------------------------------------------------------
Owasippe Trial Continues
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by
Debra Carte
WHITE LAKE BEACON
Posted: 10-29-2007
As anticipated, the Owasippe trial that was scheduled to wrap up on Friday is going long with testimony resuming for
one afternoon this week, on Tuesday, with additional days yet to be determined.
The trial’s taken place over the last couple weeks in two different courtrooms with 14th Circuit Court Judge William
C. Marietti presiding, and on Tuesday it will resume at 2:30 p.m. in a third courtroom on the 5th floor of the Michael E.
Kobza Hall of Justice in Muskegon. On Monday, Judge Marietti’s office hadn’t yet determined which 5th floor courtroom
to use.
The case pits the Chicago Area Council, Boy Scouts of America, against the defendant, Blue Lake Township, over the rezoning
of the Scout-owned Owasippe Scout Reservation. The council wants the judge to reverse a zoning enacted in 2002 which limits
the 4,800-acre property to camping activities. It says the property’s worth little to nothing as currently zoned, and
they can only sell it if it’s rezoned for residential development. A Holland banker and his investment group are offering
$19.4 million for a rezoned Owasippe.
Testimony last week revolved around how much Owasippe’s worth as currently zoned. Two appraisals, one commissioned
by the township and one by the council, were submitted by the township as evidence in the case that the property’s value
is from $12-14 million. But the council contends it’s worth much less and put an appraiser on the stand last week who
valued it at $2.8 million.
Should the township approve the council’s request for the rezoning that could allow over 1,200 homes on the property,
the value would be much greater, up to $18 million, the council’s appraiser testified.
The appraiser for the township, Edward B. Stehouwer, of Quadrant Northwest in Cadillac, was back on the stand when the
proceedings ended on Friday. The council’s attorney, Douglas Dozeman, will resume cross-examining him this Tuesday afternoon.
Also to be called to the stand on Tuesday will be James Cordray, member of the township’s planning commission,
whose testimony had also been interrupted last week. When the trial resumes again, possible next week, Nelson said he will
call to testify the planner with LSL Planning, Inc., hired by the township to assess the impact of residential development
on Owasippe.
Last week, a water expert, called to testify for the council shocked the courtroom by testifying the residential development
as proposed would have no impact on the property’s environment and would have no affect on the water quality of lakes
on the property.
Judge Marietti has not yet decided how he’ll accept closing arguments, whether verbal or written. If verbal, closing
arguments could take place next week.
Copyright © 2007 White Lake Beacon
# # #
[Note: As of Tuesday, Oct 30, at the end of hearing #9, the trial was
not yet finished with some witness testimony and final arguements still to be heard. Today, the township's appraiser
was cross examined, and Jim Cordray, a township official took the stand. Mr Cordray will be called back when the trial
resumes along with a firm that assisted the township with its Master Plan. Judge Marietti continued the trial to
Friday, December 7, starting at 1:30pm in his courtroom on the 4th Floor.]
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Muskegon County
Court Report
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by Ron Kulak
Early Friday morning, August 24th, in Judge Marietti's Muskegon County Circuit Court, the motion
for dismissal of the CAC lawsuit [ie. against township zoning of FR-I for Owasippe] was entertained and further arguments
allowed. Reportedly, the dialog and exchange in Marietti's courtroom went on for more than two hours.
The only judicial decision made was to release certain individuals of the Blue Lake Township board
from any personal liability in the lawsuit which includes Don Studaven and Lyle Monette. Apparently, only Blue Lake
Township and its township board as a governmental unit remain as defendants in the civil lawsuit pushed forward by CAC.
There was much debate and many questions addressed during the court hearing, however Judge Marietti
deferred his opinion and judgment on Blue Lake Township's motion to dismiss CAC's lawsuit until he has had more time to review
all testimony and arguments and previously filed briefs, interviews, affidavits, and additional evidence. While no date
certain was set for his decision, this could take upwards of a few weeks. Judge Marietti can opt to render his decision
without any further public hearing in the coming weeks.
In the meantime, CAC's original lawsuit against Blue Lake Township still stands for now and is scheduled
to be heard in Judge Marietti's courtroom on October 16-19 and again on October 23-26. That hearing is open to the public.
For a prior story and background on this ongoing legal battle, go to the Chronicle story, "Scout
camp appraisal: $12.3 million" from Friday, August 03, 2007, by Lynn Moore...scroll down below.
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Muskegon County Court Filings Posted from Township Lawsuit
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Go
to http://www.OOEC.org for the following PDF copies of important filings in the zoning lawsuit filed by CAC against Blue Lake
Township and go to OOEC's "News and Updates":
* PDF of the Council's response to the Township's motion,
Posted 8/22/07
* PDFs of Additional
Court Filings, Posted 8/21/07
* PDF of Blue Lake Township's Motion for Summary Disposition,
Posted 8/10/07
A transcribed redacted copy of the Council's purchase agreement has also been received and can be
found in "Save Owasippe News" in this website at...
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Owasippe trial enters 2nd week, but could go longer
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by
Debra Carte, Staff Reporter
WHITE LAKE BEACON
Posted: 10-22-2007
The Chicago Area Council told the judge last week that Owasippe isn't pristine, not a wilderness
and not particularly unique. Left is just a slice of the property - spring-fed Lake Wolverine. You be the judge.
The Chicago Area Council, Boy Scouts of America, was, on Friday, in its fourth day of presenting
its case against Blue Lake Township over the zoning of the 4,800-acre Owasippe Scout Reservation, giving all indications that
the trial will go well beyond the eight days set aside for it.
Testimony begins again this Tuesday before 14th Circuit Court Judge William C. Marietti. Since Marietti’s
courtroom is being remodeled, the trial is being conducted in the courtroom of Probate Judge Neil Mullally on the 5th floor
of the Michael E. Kobza Hall of Justice in Muskegon.
That’s where the trial will be for the duration of this week. Should the trial go beyond Friday,
Marietti will determine a new schedule for resuming it.
Attorneys for Blue Lake Township are hoping to put their case in sometime this week, and they remain
confident that it’s a winning one.
“We believe we’ll be successful in the long run, but there’s still many days to
go,” said James Nelson, the attorney representing Blue Lake Township against the claims by the Chicago Council that
the township has perpetrated a “taking” of Owasippe by zoning it to exclude residential development.
Blue Lake Township Supervisor Don Studaven faced a barrage of questions from the Scouts’ attorney
regarding their taking claim while on the witness stand Thursday afternoon and on Friday. The township’s chairman of
the planning commission, Lyle Monette, had been in the seat for five hours prior to Studaven taking the stand.
As many as nine more witnesses are scheduled to be called by the Scouts. Attorneys for Blue Lake
Township plan to call just as many in the days to come.
The trial began on Tuesday with a flurry of motions from attorneys on both sides hoping to direct
the course of the trial in the best interest of their clients, though both were unsuccessful.
The council’s attorney, Douglas Dozeman, wanted evidence from the township, such as property
appraisals, the master plan, and the hundreds of letters of opposition from area residents, thrown out. But Marietti said
no, they bore on the reason the township came up with the zoning.
The township’s attorney wanted the judge to focus on whether the current zoning was consistent
with the township’s master plan which he was sure would withstand any constitutional challenge.
He asked the judge to limit testimony from additional appraisers and anyone who might address the
issues Marietti had already established as law in the case when he threw five of the council’s claims out of court the
previous week.
Nelson questioned why the court would need to hear from more appraisers if the judge had already
ruled that as a matter of law the property had substantial value as zoned. And why would they need to hear from zoning experts
when the judge had ruled the township’s zoning ordinance advances governmental interest, Nelson asked.
“It should not be permitted,” he said. “It’s already established law in this
case.”
But established or not, Marietti decided he would permit more testimony. “If I have to
determine if this ordinance is arbitrary and capricious, I have to find out why this ordinance was enacted,” Marietti
said.
The Chicago Council thinks the zoning ordinance that has limited the use of Owasippe’s 4,765
acres to camping uses only since 2002 was enacted as a means to preventing a residential development on the property when
the township learned of the council’s intentions to sell the property. The township claims it rezoned only to
align properties in the township with its master plan, which takes into consideration the input of its residents who have
overwhelmingly expressed their desires to keep the township rural.
The council has been offered $19.4 million for the property if it can be rezoned for residential
development. It says it needs to sell because it’s losing money daily on a camp that, in its current size, they no longer
need. Council claims the current zoning has had an adverse impact on it economically and constitutes a “taking”
of the property.
Council claims the property, as currently zoned, isn’t worth much, despite several appraisals
that have determined the property is worth multimillions. In court Tuesday, Dozeman attempted through the testimony of the
Chicago Council’s CEO, James Stone, to portray Owasippe as a piece of land dotted with deteriorating buildings that
was far from being “pristine.”
“What you’ve heard over and over is that Owasippe is a pristine wilderness and unique,”
Dozeman said in his opening statement. “You will hear the facts about this property. It is not pristine ... it is not
a wilderness and it’s not particularly unique.”
The township’s attorney was quick to respond. “The township is unique and special
in its uniqueness,” Nelson said. “Owasippe is a pristine environment. It’s a beautiful environment with
its wood, lakes, streams and endangered species ... the zoning only recognizes that which was there and what was there were
institutional camps. We didn’t ask them (Chicago Council) to come. They came. They came there because of the special
uniqueness that we had.”
Copyright © 2007 White Lake Beacon
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Judge
throws out most counts, 'two' head to Owasippe trial on Tuesday
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10/14/2007
BY DEBRA CARTE
White Lake Beacon staff writer
The Owasippe Scout Reservation is extremely valuable, worth many millions. And Blue Lake Township, home to the camp,
has every right to zone to preserve its rural character, protect its fragile infrastructure and its natural resources, and
take into consideration the desires of its residents who overwhelmingly want to continue the township’s “long
and storied association with camping.”
So says the judge presiding over the Owasippe rezoning case who ruled on Thursday to throw out of court the Chicago Area
Council’s claims to the contrary.
But 14th Circuit Court Judge William C. Marietti didn’t throw them all out.
“We won half and lost half,” said James Nelson, the attorney for Blue Lake Township who filed nearly two
months ago for summary disposition of seven counts brought by the Chicago Area Council, Boy Scouts of America in their attempt
to get Owasippe’s 4,765 acres rezoned for residential development.
Marietti kicked out three of the counts and left one full count and another partial one for trial this Tuesday. Two others
were previously tossed out. Still in dispute are, according to Marietti, whether the township's ordinance is "reasonable,"
though he ruled that the ordinance advanced legitimate governmental interest.
He also left open the question concerning the economic impact of current zoning on the Chicago Council’s ability
to operate the camp profitably and whether the council’s investment-backed expectations were being interfered with.
He'll seek to decide if the zoning ordinance is "arbitrary and capricious."
The trial, which could answer those questions, begins at 9 a.m. in Courtroom A on the 6th floor of the Michael E. Kobza
Hall of Justice in Muskegon. On Wednesday, the trial will move to Probate Judge Neil Mullally’s courtroom on the 5th
floor. Any further relocating of the trial are to be announced.
A full eight days, from Oct. 16-19 and 23-26, have been set aside for the judge to hear the case.
A local effort is being made to pack the courtrooms with citizens who want to save Owasippe’s forests from the
prospect of being rezoned for residential development. But the case has more far-reaching implications, according to some.
They believe there’s more than Owasippe at stake in the trial, there’s a local government’s right to zone.
“The final outcome of the Owasippe trial will impact more than just the future zoning of Blue Lake Township,”
said Tom Hamilton, local environmental activist, sports fisherman, and member of White River Watershed Partnership.
“This trial will be watched by local governments statewide. At stake is the solvency of local government zoning.
Should outside big money developers march in to any statewide township and demand that the local residents give up their rights
to zone their townships? Blue Lake Township government's first responsibility is to protect the ‘Public Trust Doctrine,’
and are under no obligation to destroy their land, historical heritage, and quality of life to benefit a few rich class bankers
and developers.”
The banker who wants Owasippe’s 4,765 acres to build homes on is Benjamin A. Smith III, CEO of Macatawa Bank Corp
in Holland, Michigan. He and his investment group have offered $19.4 million for the property if it can be rezoned for housing.
If money talks, $19 million is a whole lot of conversation, especially to the Chicago Area Council, which claims the
oldest Boy Scout camp in the country is a continuing drain on its finances.
Hamilton hopes what will talk louder is the property’s value in rich natural resources and endangered species,
and the importance of keeping intact a local governmental unit’s right to zone land within its jurisdiction in the best
interest of its residents.
Blue Lake Township officials had rezoned Owasippe and all other camp properties in the township in 2002 from a category
which had allowed residential lots of 2.5 acres or more to one which allows only camping activities. The Chicago Council contends
the township changed the zoning to the stricter classification when it got wind of its intentions to sell the property. The
council claimed in its lawsuit that the township had perpetrated a legal taking of the property and destroyed its economic
value, to which Marietti now says they may have a point.
The township responds that it hasn’t taken anything. The township insists it changed the zoning when the master
plan was being rewritten according to the wishes of residents who want the township to remain rural and a Michigan Mecca for
summer camping. There are five major camps in the township, covering half of its entire acreage.
Blue Lake Township Supervisor Don Studaven says area governmental units have done nothing but assist the Scouts during
the camp’s nearly 100-year presence in the township. “When you come to Blue Lake Township, you see
a township that grew around camps,” Studaven wrote in a prepared statement. “Owasippe is one of those camps.
Over the years, Owasippe became the dominant camp in Blue Lake Township. However, because of the history of the camp
and the persuasion of Chicago’s executives, the township and Muskegon County have provided Chicago tax breaks over the
years. These tax breaks in no way devalued their property. What it did was assist them in their mission to provide outdoor
training for their Scouts.
“These tax breaks take revenue out of the township, county and schools,” Studaven continued. “They
and all the camps in the township get the same tax break. They and all the camps have the same zoning designation.
“What is at issue here is not a taking of property as the Chicago Area Council alleges. What is at issue here is
changing the zoning so that that owner can get more money for his or her property. This sets a dangerous precedent for all
units of governments. Zoning is developed to satisfy the manner in which the majority of citizens would like to live in a
particular community. If that decision is made by a single property owner just because he or she has the funds to keep you
in court, we and all units of government will have lost our ability to govern.
“I don’t believe we are elected to go against the will of the majority of our citizens,” Studaven concluded.
Walter Johnson, now of Santa Monica, California, has a cottage at Big Blue Lake, and he’s one of those citizens
Studaven’s fighting on behalf of. Johnson began coming to Owasippe and Big Blue in 1961 with his parents. One of his
closest friends, 95-year-old Kenneth Adams first started camping at Owasippe in 1925 and became the first African American
to be awarded the Boy Scouts of America Eagle Scout designation.
It’s the 15-minute video Johnson made a few years ago of camper life at Owasippe that is still used by the Chicago
Area Council to promote camping.
“I used to poo poo folks who described Big Blue Lake as a unique place,” Johnson said. “But I have
looked around at other places. I’ve studied the species inventory that the Nature Conservancy put together a few years
ago, and I’ve spent days and hours watching nature’s amazing presence here; so I’m starting to become a
believer.”
Johnson will be at the trial for the first two days before returning to California. He’ll be there mainly because
he believes the community needs to be involved when important decisions are being made about the place they live, and he’s
encouraging all his friends and neighbors to be in the courtroom too.
Copyright © 2007 White Lake Beacon
# # #
Note: The court case begins Tuesday, October 16, at 9am (Eastern Time) in the Court of
Judge Marietti. Further room assignments TBA:
Muskegon County Circuit Court
990 Terrace Street
6th Flr
- Marietti's courtroom
Muskegon, MI 49442-3395
(Take Apple Ave west of Hwy US31. It is at the intersection of
Apple Ave and Terrace St, about two blocks east of Bus 31, Seaway Drive.)
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'Pathways' trail might lead to Camp Owasippe
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Muskegon
Chronicle Editorial
Sunday, August 12, 2007
Rosa Parks, the late civil rights icon, blazed a trail that others are still following. Hopefully,
one of those trails will lead to Blue Lake Township in Muskegon County.
More specifically, to Camp Owasippe, the Boy Scout property in the center of a dynamic controversy
over zoning and land control. Yet, that issue is not immediately part of the possibility that a branch of the Rosa Parks Institute
is interested in establishing a presence here, which is good news all around.
The Rosa and Raymond Parks Institute for Self Development made its interest known during a recent
visit and an announcement at St. Paul's Episcopal Church in the Muskegon downtown. There, Mitch Dennison, president of a Grand
Haven marketing firm and vice president of the Parks Institute, related the group's intentions.
Structured as a "journey" modeled on the nearly century-long struggle for civil rights between the
end of the Civil War and the signing of the Civil Rights Act of 1964, the institute's program takes selected youngsters under
its wing to teach them life and self-empowerment skills through which they, in their own lives, can model Rosa Parks' legendary
work in the human rights field.
This "Pathways to Freedom" project is a core program of the Detroit-based institute, in which this
year a dozen students, mostly from Michigan and Ohio, are exploring West Michigan while studying a variety of societal issues.
Dennison believes a "Camp Rosa Parks," if established, would be an ideal component of the experience for youngsters embarked
on the typical five-year-long "journey."
A key partner for the institute is the Owasippe Outdoor Education Center, which is heavily involved
in efforts to purchase the camp. It remains to be seen how that will affect the Rosa Parks Institute initiative, but we take
the overall interests of both groups in Blue Lake Township as a positive sign.
- Muskegon Chronicle Editor
# # #
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County adds
to Blue Lake Township defense fund
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Muskegon
Chronicle
Wednesday, August 08, 2007
The Muskegon County Board of Commissioners has added $5,000 to a legal war chest that will help Blue Lake Township defend
itself in a
lawsuit over zoning of the Owasippe Scout Reservation property.
County commissioners, meeting Tuesday as the Ways and Means
Committee, approved the contribution by a voice vote
after little debate. They are expected to finalize their approval at Thursday's full county board meeting.
Blue Lake Township officials have been sued in local circuit court
and federal court by the Chicago Area Council
of the Boy Scouts of
America for their refusal to rezone the 4,780-acre Owasippe property
that has been used as a
Boy Scout camp for 96 years.
The Chicago Council has sought multiple new zoning classifications
for the property that would allow up to 1,278
homes. A $19 million offer from a Holland-area investment group to purchase the wilderness property is contingent on the residential
rezoning.
The Scouts have argued that the Owasippe property's value is severely limited under the current forest recreation-institutional
zoning, which limits its use to camping and outdoor use.
Meanwhile, Blue Lake Township has exhausted a $100,000 legal fund
provided through insurance and is counting on donors
to help pay the
bills. Last month, Township Supervisor Don Studaven sent out 2,000 copies of a form letter
to local governments, businesses and associations. The goal is to raise about $80,000, and about $30,000 has come in so far,
he said.
Besides the county, municipal donors thus far include the cities of
Norton Shores, Muskegon and Montague and the
townships of Holton, Muskegon and Whitehall, Studaven said.
© 2007 Muskegon Chronicle
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Owasippe Sales Contract to Ben Smith of Public Record
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What
follows is a transcribed copy of the CAC sales agreement with Benjamin Smith, aka "Benny V", for the purchase of Owasippe.
This is of public record with the Muskegon County Circuit Court, however it has been severely redacted by the CAC's legal
counsel for submission to the court for consideration in the forthcoming lawsuit hearings and as required testimony in Blue
Lake Township's motion for dismissal. It will be up to the CAC board members to get the blanks filled in...via the copy
they were promised by Mssrs Hughes and/or Stone.
REAL ESTATE SALES AGREEMENT
THIS REAL ESTATE SALES AGREEMENT ("Agreement") has been made as of the Effective Date (defined
below), by CHICAGO AREA COUNCIL, INC. BOY SCOUTS OF AMERICA, an Illinois corporation, of 1218 West Adams, Chicago, Illinois
60607 ("Seller"), and BENNY V, LLC, of 106 East 8th Street Holland, Michigan 49423 ("Buyer").
Seller agrees to sell to buyer, and Buyer agrees to purchase from Seller, on the terms and
subject to the conditions set forth in this agreement, that parcel of real estate in Blue Lake Township, Michigan, consisting
of approximately four thousand seven hundred sixty-five (4,765) acres commonly know as the Owasippe Scout Reservation and
described on Exhibit A attached to this agreement, together with all improvements, fixtures, easements, division rights, hereditaments
and appurtenances associated with that real estate ("Property"). The purchase and sale provided for in this Agreement is sometimes
referred to as the "Purchase."
1. Purchase Price. The purchase price for the property shall be....
2. Deposit. As evidence of good faith and to bind this Agreement,
Buyer
shall immediately deposit....
3. Title; Survey....
4. Environmental Matters.....
5. Confidentiality; Indemnity.....
6. Buyer's Representations and Warranties. Buyer represents and warrants
to Seller that (a) Buyer has all necessary power and authority to enter into and perform this Agreement; (b) Buyer has taken
all necessary action to approve, execute, deliver, and perform this Agreement, and this Agreement is the valid and binding
obligation of Buyer, enforceable against Buyer in accordance with its terms; (c) no judgment is outstanding before and forum,
court, or governmental body, department or agency or, to the knowledge of Buyer, threatened, that has the stated purpose or
the probable effect of enjoining or preventing the Closing; (d) no insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary, affecting Buyer or any
Buyer's assets or properties, is now or on the Closing Date will be pending or, to the knowledge of the Buyer, threatened;
and (e) Buyer will have sufficient funds to close the Purchase on the closing date.
7. Seller's Representations and Warranties.....
8. Zoning. The obligation of the parties to close the Purchase shall be
contingent upon Seller's ability to cause the Property to be re-zoned....
....If Seller is unable to obtain re-zoning as required herein, Buyer
may elect to waive this contingency and proceed with the Closing.
9. Constructability Investigation.....
10. AS IS. Buyer acknowledges that when it closes this transaction that
it recognizes and accepts the Property may require repairs or maintenance and Buyer agrees to accept the Property in its present
"AS IS, WHERE AS" condition, with no warranties concerning its condition or permitted use.
11. Closing....
12. Possession....
13. Taxes and Assessments....
14. Default.... ....If Seller defaults in Seller's obligation under this
Agreement so that Purchased is not closed, then as Buyer's sole remedy, Buyer may either (i) terminate this Agreement by notice
to Seller, in which case the Termination Remedy shall apply, this Agreement shall terminate, and Buyer may claim against Seller
for Buyer's actual damages.... and Buyer may require Seller to return any Non-Refundable Fee paid to Seller, or (ii) elect
to have specific performance of this agreement.
15. Condemnation; Fire; Other Casualty.....
16. Miscellaneous.
(a)....
(b) The parties to this agreement acknowledge
and agree that; (i) each party and the party's counsel has review and negotiated, or has had the opportunity to review and
negotiate, the terms and provisions of this Agreement and have contributed to its review and revision; (ii) any rule of construction
to the effect that any ambiguities are resolved against the drafting party shall not be used to interpret this Agreement;
and (iii) the terms and provisions of this Agreement shall be construed fairly as to all parties to this Agreement and not
in favor of or against any party, regardless of which party was generally responsible for the preparation of this Agreement.
(c) This Agreement shall bind and benefit Seller
and Buyer and their respective successors and assigns. Buyer may not assign this Agreement without the prior written consent
of Seller, which consent may be withheld in
Seller's sole discretion, except that Buyer may assign this Agreement, without
Seller's consent, to a creditworthy related entity of Buyer which is controlled by Ben Smith.
(d) .....
(e) .....
(f) All notices, requests, consents and other
communications under this agreement shall be in writing, shall be addressed to the receiving party's address set forth below
or to any other address a party may designate by notice under this Agreement, and shall either (i) delivered by hand, (ii)
sent by facsimile or electronic mail, and mailed promptly by certified mail, return receipt requested, postage prepaid,
or (iii) sent by nationally recognized overnight courier:
If to Seller to:
With a Copy to:
Chicago Area Council, Inc. Warner
Norcoss & Judd LLP
Boy Scouts of America
111 Lyon St, NW, Suite 900
1218 West Adams
Grand Rapids, MI 49503-2487
Chicago IL 60607
phone: (616)752-2162
Facsimile:_____________
Facsimile: (616)222-2162
E-mail:_______________
Email: dschindler@wnj.comAttention:_____________
Attn: Devin S. Schindler
If to Buyer to: With
copy to:
Benny V, LLC
106 East 8th Street
Holland, Michigan 49423
All notices, requests, consents and other communications under this Agreement shall be deemed
to have been given either (i) if by hand, at the time of the delivery of the notice to the receiving party, (ii) if by facsimile
or electronic mail, at the time of receipt of the facsimile or electronic mail has been acknowledged by electronic confirmation
or otherwise, or if no confirmation is received, on the fifth day following the day a hard copy of the transmission is mailed
by certified mail. or(iii) if by overnight courier, on the next business day following the day the notice is delivered to
the couriers service. Any party, by notice to the other parties to this Agreement, may
designate additional or different
addresses for subsequent notices or communications.
(g) ....
(h) The terms and provisions of this Agreement
may be waived, or consent for the departure from the terms and provisions may be granted, only by written document executed
by the parties.
(i) This Agreement and the rights and obligation
of the parties under this
Agreement shall be governed and interpreted by Michigan law, without giving effect to the conflict
of law principles of the State of Michigan.
(j) All representations, warranties and covenants
made in this Agreement by any party to this Agreement or in any other agreement, certificate or instrument provided for or
contemplated by this Agreement, shall survive (i) the Closing of the transaction contemplated by this Agreement, and (ii)
any investigation made by or on behalf of Seller.
No claim shall be made by any party for alleged misrepresentation or breach of
warranty by the other party unless notice for the claim shall have been given to the other party in accordance with the notice
provisions of this Agreement.
(k) This Agreement may be executed in one or more
counterparts, and by different parties to this Agreement on separate counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same document.
Seller and Buyer have signed or caused this Real Estate Sales Agreement
to be signed by their duly authorized representatives as of the date(s) set forth opposite their signatures. The date of the
last signature shall be the "Effective Date."
Date: Feb. 22, 2005
CHICAGO AREA COUNCIL, INC.
BOY SCOUTS OF AMERICA.
By /s/ LEW Greenblatt
Its President
Seller
Date: Feb. 23, 2005
BENNY V, LLC
By /s Ben Smith III
Its Manager
Buyer
EXHIBIT A
Property
[Insert legal description]
The property address and tax parcel number listed below are provided
solely for informational
purposes, without warranty as to accuracy or completeness. If the information listed below is inconsistent in any way with
the legal description listed above, the legal description listed above shall control.
Property Address: Survey enclosure Tax Parcel No: Various - 4700 acres Approx.
FOURTH AMENDMENT TO REAL ESTATE SALES AGREEMENT. THIS FOURTH AMENDMENT TO REAL ESTATE SALES AGREEMENT ("Fourth
Amendment") has been made as of Nov. 10 2005, by CHICAGO AREA COUNCIL, INC. BOY SCOUTS OF AMERICA, an Illinois Corporation,
of 1218 West Adams, Chicago, Illinois
60607 ("Seller") and BENNY V, LLC. of 106 East 8th Street, Holland, Michigan 49423
("Buyer")
RECITALS:
A. Buyer and Seller entered into a Real Estate Sale Agreement dated February
23, 2005 (the "Agreement"), for that parcel of real estate in Blue Lake Township, Michigan, consisting of approximately four
thousand seven hundred sixty-five (4,765) acres commonly known as the Owasippe Scout Reservation, together with all improvements,
fixtures, easements, division rights, hereditaments and appurtenances associated with that real estate ("Property").
B. Buyer and Seller executed the First Amendment to Real Estate
Agreement
as of March 25, 2005 (the "First Amendment").
C. Buyer and Seller executed the Second Amendment to Real Estate
Agreement
as of March 25, 2005 (the "Second Amendment").
D. Buyer and Seller executed the Third Amendment to Real Estate
Agreement
as of March 25, 2005 (the "Third Amendment").
E. Buyer and Seller wish to modify the provisions pertaining to the rezoning
of the Property.
NOW, THEREFORE, for good and valuable consideration, the receipt
and sufficiency of which are hereby mutually acknowledged, the parties agree as follow:
1. Paragraph 8 of the Agreement is amended to
add the following language at the end of the Paragraph:
Notwithstanding the foregoing, If Seller shall
fail to actively pursue its
currently pending rezoning application of the Property to a final non-appealable decision
by the Township Board, in Buyer's reasonable judgment, Buyer shall notify Seller of its failure to do so. Upon thirty
(30) days notice to Seller and furnishing to Seller an estimate of Buyer's reasonable expenses to pursue such rezoning, Buyer
may proceed with obtaining this rezoning if Seller has failed to (illegible) actively pursuing such rezoning within
such 30-day period. Should Buyer thereafter succeed in rezoning the Property in accordance with this Paragraph 8, Buyer
may deduct its actual and reasonable costs of the rezoning from the Purchase Price, such costs shall in any case not exceed,
the estimate earlier provided to the Seller. However, If Buyer is unsuccessful in obtaining such rezoning. Buyer shall have
the options as otherwise set forth in this Agreement.
2. Except as expressly
amended by the First Amendment, the Second Amendment, the Third Amendment, and this Fourth Amendment, the Agreement is hereby
ratified and confirmed as originally executed.
CHICAGO AREA COUNCIL
BENNY V, LLC
BOY SCOUTS OF AMERICA
BY: /s/ James O. Stone BY:
Benny Smith III
-----------------------------------------------------------------------------------
Blue Lake asks for help in its court fight
-----------------------------------------------------------------------------------
Letter
to The Editor
Muskegon Chronicle
June 17, 2007
As you know, Blue Lake Township is in court defending its right to
zone as its citizens desire.
If Blue Lake Township officials rezoned as the suing party wishes,
the owner states it can command
a higher price for the land. Blue Lake Township does not believe it is the township's responsibility to create
extra dollars for any property owner.
If Blue Lake Township were to rezone to produce more dollars for this
party, then Blue Lake Township
will have lost all future control of
its zoning. Every property owner thereafter could take the township
to court
to zone for whatever would bring more dollars.
Before the county developed its Master Plan, Blue Lake Township's
plan was in place. That fact
made it relatively easy for Blue Lake
Township to participate in the county's planning. Since the inception
of the Muskegon Area-Wide Plan, at least two cities and two townships are taking hard looks at how and where they can preserve
valuable eco-systems.
I am writing this letter because I personally feel that Blue Lake
Township desperately needs
the support of every person in the county
and any other group or agency whose purpose is to protect and
preserve the
natural environment.
We do believe that the owner has the right to sell his or her
property if they wish. We just
do not believe it is prudent to rezone
to build 2,700 homes so the owner can demand more money.
Now, given the assumption that the landowner is attempting to drain
the township of all of its
legal funds, I am asking that every unit
of government in Muskegon County, and any other county, file a brief
in court
or assist Blue Lake Township in setting up a "legal fund" to
defend Blue Lake Township's right to govern as its citizens
have
requested; and in doing so, preserve the last pristine forestry left
in this area of Michigan.
To lose would mean more than cutting down a few trees; to lose would
mean loss of wildlife and
endangered species, and an entire area of
forestry. It would mean pollution of our lakes and loss of use by the
majority
of citizens, both from Blue Lake and from surrounding areas.
Second, to lose would mean the need for a great increase in
infrastructure where none should
be and for which there are no funds.
To lose would set a dangerous precedent not only for Blue Lake
Township, but for all townships.
If you decide to make a contribution please write the check to: Blue
Lake Township Defense Fund
(BLTDF) and mail to: 1491 Owasippe Road, Twin Lake, MI 49457
Thanking you in advance for your assistance.
Donald E. Studaven
Supervisor
Blue Lake Township
[NOTE: This is our opportunity for showing the Township our gratitude and support through our pocketbooks.
We're all floating downstream
in the same boat together to the same destination.]
-----------------------------------------------------------------------------
Scouts Offer New Plan For
Owasippe
-----------------------------------------------------------------------------
June 10, 2007
by Debra
Carte
The White Lake Beacon
[The Scouts want to move camping activities at Owasippe to the
heavily forested south side of Big Blue Lake.]
The Chicago Area Council of the Boy Scouts has penned an open letter
to their neighbors in Blue Lake Township that
seeks some dialogue,
while proposing new options for the 4,800-acre Camp Owasippe. The
letter, signed by the
Chicago Council’s new president, Michael F
Hughes, says it hopes to foster “a spirit of cooperation among
the
many people who care about Owasippe and want to see it prosper long
into the future.”
He proposes a new plan “to preserve Owasippe and insure its long-term viability,” a plan he hopes will break
“the logjam that has so far
prevented us from finding common ground with our neighbors.”
The Chicago Council’s new offer will place all Scouting activities on
1,000 acres on Big Blue Lake to keep any
residential development away from the lake. The council will offer the remaining property, about 3,800 acres, to one or more
conservation buyers, but only after
reaching an agreement with Blue Lake Township on rezoning thepproperty.
Hughes specifically names the Owasippe Outdoor Education Center, the group which has a letter of intent into the Chicago
Council to
purchase Owasippe for preservation and recreational purposes.
Should the Scouts be unsuccessful in selling to a conservation buyer,
a portion of the property would be made available
for housing, the letter states, in order to raise the funds to maintain the Scout camp on Big Blue Lake.
“We are prepared to take all reasonable steps to insure that any such
development not interfere with the operations
of the other camps in the area, access to Wolverine Lake and the overall ‘rural’ quality of the area,” Hughes
wrote. “We do not want to operate a camp in an area that is no longer rural. Uncontrolled development is contrary to
our own interest in maintaining Owasippe.”
The letter comes just two months before a circuit court trial, set for August 8-10 and 14-17, to decide whether the Scouts
can rezone the oldest, continually operating Boy Scout camp in the country for residential housing. The Chicago Council has
an offer of $19.4 million for Owasippe that’s contingent on it being rezoned.
Up until now, the Chicago Council had proposed lots from a quarter
acre in size on the south side of Big Blue Lake
to 2.5, 5 and 10 acre lots throughout the remainder of the 4,780 acres. That rezoning application is still on file with the
township.
Local opposition to the rezoning plan has been fierce, and Scouts around the country have voiced strong opposition to the
rezoning of
the camp that’s been in existence since 1911. The rezoning plan has
shocked environmentalists who
oppose any housing on the heavily
forested property that is home to over 1,000 species of flora and
fauna, with 19
of them considered endangered or threatened. Blue Lake Township has rejected the rezoning on all fronts, which led to the
Chicago Council’s lawsuit last year.
But does Hughes’ extended olive branch now mean the Chicago Council is ready to drop its lawsuit? Not yet.
In an email response, the Chicago Council said last week that prospect will depend on the community. “The Council
would very much like to put the litigation behind us. Hopefully, the community will respond favorably to our plan, making
this possible.”
In his letter, Hughes alluded to wanting to end the litigation. “The
truth of the matter is that both the
Scouts and the Township are
spending lots of money on lawyers that could be better spent planning
a future for the
Township that includes Owasippe,” Hughes wrote.
“Money from our taxes and donations is being spent
on litigation that
could stretch on for years.”
In its email, the council said it is still in regular communication
with Benjamin A. Smith III, the Holland banker
who has an offer of
$19.4 million for Owasippe. “Mr. Smith has made clear from the
beginning, he shares our
interest in preservation,” the email stated.
The council also said it has had a preliminary discussion with the
Owasippe Outdoor Education Center (OOEC) and is
looking forward to further discussions. The OOEC can’t be more pleased that the Chicago Council and Mike Hughes, in
particular, now seem to be the willing
sellers they were waiting for. “We see this as a real offer and a real
opportunity to come together to resolve the issues around the operation of Owasippe,” said Joe Sener, chairman of the
OOEC’s board of directors.
The OOEC submitted a letter of intent in March to purchase Owasippe for its fair market value. OOEC’s plans are to
manage Owasippe and
create an outdoor university offering year-round recreation and
educational programs, all without
the need to rezone the property.
The group has compiled a list of donors to provide financial backing
and will need to apply for a grant from the Michigan
Natural Resources Trust Fund to buy the property that is expected to be worth
between $12 million and $14 million. Sener
said there’s a number of
conservation groups around the country ready to step in with a bridge
loan until the
state money comes through.
The Chicago Council waited three years to get its full $18 million on
the sale, in 2003, of Camp Hoover, 408 acres
near Yorkville, IL. That
property was sold to conservation interests. Sener believes the
Chicago Council will also
be patient in the case of Owasippe.
Council’s proposal to move its camping activities to the area of Big
Blue Lake is a whole other challenging aspect
of the new plan for the
Owasippe property. The majority of the Scouts’ camping facilities are
not near Big Blue
Lake as Hughes suggests in his letter. Only one
building is now located near Big Blue Lake. All other facilities,
including
a 19-cabin staff village, the kitchen, the hospital, maintenance building and four swimming pools, are all located on the
southern end of the property, more near Lake Wolverine.
Last week, the Chicago Council agreed that those facilities would be
expensive to move and, therefore, council needs
to generate enough
income to recreate the infrastructure near Big Blue Lake and to endow the Reservation in perpetuity.
“We invite our neighbors to share with us their thoughts, ideas and
hopes regarding this property,” Hughes
wrote in concluding his open
letter to the public. The Chicago Area Council president, Mike
Hughes, can be contacted
by email at mhughes@chicagobsa.org.
Copyright © 2007 White Lake Beacon
# # #
For more information on the above story, go to the following links:
CAC President Michael Hughes' letter: http://www.fortdearborn.org/Activities/Current/hughes%20letter.pdf
Owasippe Outdoor Education Center: News and Updates
http://www.ooec.org/default2.asp
"Scouts seeking compromise in Owasippe fight" by Lynn Moore of the Muskegon Chronicle, 06/07/07:
http://www.mlive.com/news/chronicle/index.ssf?/base/news-11/1181227516145570.xml&coll=8
Letter from Don Studaven - Blue Lake Township Supervisor
---------------------------------------------------------------------------------------------
Posted 5/29/07 - www.Owasippe.com
Dear interested party,
As you know, Blue Lake Township is in court defending its right to zone as its citizens
desire.
If Blue Lake Township Officials rezoned as the suing party wishes, that owner states
it can command a higher price for the land.
Blue Lake Township does not believe it is the Township’s responsibility to create
extra dollars for any property owner.
If Blue Lake Township were to rezone to produce more dollars for this party, then Blue
Lake Township will have lost all future control of its zoning. Every property owner thereafter could take the Township to
court to zone for whatever would bring more dollars.
Before the County developed its Master Plan, Blue Lake Township’s plan was in
place. That fact made it relatively easy for Blue Lake Township to participate in the County’s planning.
Since the inception of the Muskegon Area-Wide Plan, at least two cities and two Townships
are taking hard looks at how and where they can preserve valuable eco-systems.
I am writing this letter to you because I personally feel that Blue Lake Township desperately
needs the support of every person in the County and any other group or agency whose purpose is to protect and preserve the
natural environment.
We do believe that the owner has the right to sell his or her property if they wish.
We just do not believe it is prudent to rezone to build 2,700 homes so the owner can demand more money.
Now, given the assumption that the landowner is attempting to drain the Township of
all of its legal funds, I am asking that every unit of government in Muskegon County and any other County file a brief in
court and/or assist Blue Lake Township in setting up a “Legal Fund” to defend Blue Lake Township’s right
to govern as its citizens have requested; and in doing so, preserve the last pristine forestry left in Midwest Michigan.
To lose would mean more than cutting down a few trees, to lose would mean loss of wildlife
and endangered species, and entire areas of forestry. It would mean pollution of our lakes and loss of use by the majority
of citizens, both from Blue Lake and from surrounding areas.
Secondly, to lose would mean the need for a great increase in infrastructure where none
should be and for which there are no funds.
To lose would set a dangerous precedent not only for Blue Lake Township, but for all
Townships.
If you decide to make a contribution, please write a check to:
Blue Lake Township Defense Fund (BLTDF) and mail to:
1491 Owasippe Road
Twin Lake, MI 49457
Thanking you in advance for your assistance.
Respectfully,
Donald E. Studaven
Supervisor
Blue
Lake Township
-----------------------------------------------------------------------------
Judge:
Court will decide Owasippe issue
-----------------------------------------------------------------------------
Sunday, May 20,
2007
By Lynn Moore
Muskegon Chronicle Reporter
A public hearing on the Boy Scouts' redevelopment plans for the
Owasippe camp property won't
be held after all.
The hearing, scheduled for May 22 and then rescheduled for May 29,
was to be before the Blue
Lake Township Zoning Board of Appeals.
However, the judge hearing a lawsuit brought by Owasippe's owner, the Chicago Area Council of Boy
Scouts of America, canceled the hearing, ruling that the zoning board of appeals no longer has the authority to issue certain
zoning variances. As a result, the decision on
whether to allow homes on the wilderness property will be decided in
the
courts, with a circuit court trial scheduled for August.
The hearing's purpose had been to gather public input on the Boy
Scouts' request for variances
-- or exceptions to the zoning rules --
that would have allowed construction of up to 1,278 homes on the
Owasippe
Scout Reservation property. The property is zoned forest
recreation-institutional, which allows for camps and their related
facilities -- such as horse stables, dining halls and lodges -- but
not residential homes.
The Boy Scouts have sued the township in an attempt to force rezoning of the property for residential
use, which is a condition of a sale of the property to a Holland-area development group.
Muskegon County Circuit Judge William C. Marietti ruled in December that the Boy Scouts council needed
to exhaust administrative remedies through the township's zoning board of appeals before seeking damages in court. However,
a recent Michigan Court of Appeals ruling prompted Marietti to rule on the side of the Boy Scouts, who had argued that the
zoning board of appeals didn't have jurisdiction in the case.
According to Township Attorney Jim Nelson, the complicated issue
involves 2006 legislation that
limited townships' abilities to issue "use" variances to zoning ordinances. The legislation said townships can't issue use
variances -- which allow a property to be used for a purpose that isn't allowed under its zoning -- unless they had an existing
ordinance specifically allowing them to, or had previously issued use variances.
The township had argued it had issued a use variance previously, but
the court of appeals ruled
in March that that variance actually was
a "dimensional" variance. Dimensional variances provide exceptions to such zoning
rules as lot sizes or setbacks.
"We are obviously disappointed," Nelson said. "We think the township should have the right to consider
these issues and address them, as opposed to the court having to do it."
The hearing would have been the second on the Boy Scouts' plans.
About 500 people showed up at
a township planning commission hearing on the matter in January 2006, with all but one of the 70 citizens who addressed the
commission speaking against the Boy Scouts' plans for the property. The commission and township board subsequently turned
down the Scouts' request for zoning changes.
The Owasippe lawsuit is scheduled for trial in Marietti's court Aug.
8-10 and Aug. 14-17.
©2007 Muskegon Chronicle
# # #
----------------------------------------------------------------------------------------------
Defense Fund set up for Owasippe
----------------------------------------------------------------------------------------------
Sunday, 05/21/2007
White Lake Beacon
By Debra Carte
Blue Lake Township says it needs more money to continue fighting the legal battle with the Chicago
Area Council of the Boy Scouts which wants to rezone Camp Owasippe for development.
The money may be gone, but Blue Lake Township’s resolve to defend the Owasippe Camp Reservation
sure isn’t.
Last Monday night, the township board voted to establish the Blue
Lake Township Defense Fund
(BLTDF) for the donations they now need to cover the costs of litigation against the Chicago Area Council of the Boy Scouts
of America. The Chicago Council sued the township last year in a bid to get Owasippe’s 4,748 forested acres rezoned
for
residential development.
“This battle’s not over, folks,” said Blue Lake Township Supervisor
Don Studaven
to a full house at Monday night’s board meeting. “They
(Chicago Council) are playing this game to run us out
of money . . .
They’re going to lose in circuit court and they’re going to take us
to the Court of Appeals.
They know they don’t have a winning game and they’re trying to wear us out.”
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