Eagle Lake Improvement Association

*SPECIAL LINK TO Q&A's ABOUT THE PROPOSED SETTLEMENT, Click==>HERE!

***COURT UPDATE & NOTICE OF MEETING & REPORT OF MEETING OF ONTWA TOWNSHIP BOARD HELD MARCH 9, 2009

The regular monthly meeting of the Ontwa Township Board (BD) was held at the Township Hall on March 9th, commencing at 7:00 p.m. (EDT). All Board Members were present. A large group of concerned citizens was also in attendance to express individual and collective disappointment in and disapproval of the Board's action in having tentatively agreed to a Consent Judgment in the Dock LLC v. Ontwa Township pending litigation. The action of the Board amounted to what appears to be a total capitulation, abandonment and reversal of its previous action denying the rezoning of the Dock property at the east end of the lake.

Fortunately, the Association has been given the opportunity by the court in Centreville to comment regarding the legitimacy, legality and content of the proposed Consent Judgment. This was done by the Association at a court hearing held March 6th, which has been continued and recessed until April 17th without any decision having been reached by the court.

At the 3/9/09 Township meeting, ELIA presented our position to the Board. That position has remained constant since June, 2006, when development at the Dock was first proposed at a number of informal neighborhood meetings held by the developer. The position has been and remains:

1. If the property is to be developed other than as currently zoned, (Service Commercial) and zoning is changed, it should be changed to LR (Single Family Lake Residential);

2. The development should comply with the density, building, area, size, configuration, lake and channel access and dockage and all other applicable provisions of the Township Zoning Ordinance and other applicable ordinances;

3. Eagle Lake Road should not be moved from its present right-of-way; and

4. The rights of the public in and to the public right-of-way of Eagle Lake Road extending westerly from the traveled portion of the roadway to the waters of the lake, both north and south of the outlet channel, must be preserved.

The primary representative of the developer, who was and may remain a member of our Association, has been fully aware of that position since at least August, 2006. It has been published on several occasions over the past two-plus years.

At the Ontwa Board Meeting, ELIA pointed out several violations contained within the Proposed Agreement, which are: Violation of the Township zoning, private road and site condominium ordinances. We requested the Board to follow its own laws, which the rest of us are required to do and pointed out that NO TOWNSHIP Board is above-the-law of its own Zoning Ordinance. Finally, we advised the Board Members of the intention of the Association to file a lawsuit seeking to overturn the Township's tentative approval of the proposed Consent Judgment for reason of the Board's apparent violations of the Michigan Open Meetings Act in arriving at its decision.

After our presentation the meeting adjourned without any comment from any Board Members. We asked that before any member issue any comment that he or she read the volumes of material (Relevant excerpts from the Ontwa Zoning Ordinance) which we gave them at the meeting.

The next scheduled meeting of the Township Board will occur April 13th. If there is a special meeting, we will be notified of it in advance so that you may attend. We would appreciate your noting your calendars to attend the April 13th Township meeting at which time we hope to advise the Township Board to reverse its consent. Please plan to attend and we request as many of you as possible attend the April 17th court hearing in Centerville if your schedule permits.

ELIA Board of Directors

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*** ELECTION  2008 - ONTWA TOWNSHIP INFORMATION ***

ELIA has mailed questionnaires to all local candidates to obtain their views on the important concerns of citizens

around Eagle Lake.  CLICK_HERE_TO_READ==>>(***)

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*** Ontwa Township "ALL Lakes Meeting" -RESULTS ***

CLICK_HERE_TO READ SYNOPSIS===>>>(**)

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