Petoskey officials chose to take their chances at trial rather than accept a compromise that might have threatened public access to a widely cherished stretch of shoreline trail in northern Michigan, Bridge Michigan reported.
During a special meeting, council members declined a settlement offer for the Miracle Mile portion of the Little Traverse Wheelway lawsuit and gave the go-ahead for trial preparation.
Here's what to know
At the heart of the case is the Miracle Mile near Petoskey, part of the 26-mile Little Traverse Wheelway connecting Charlevoix and Harbor Springs.
Public use on parts of the route depends on easements across privately owned property, according to Bridge Michigan.
Gustav and Courtney Lo, a Florida couple who own two parcels along the trail, filed a suit against the city in August.
They want Petoskey to pay for repairs they say are needed to prevent further damage to their land. They also asked that the easements on their property be released.
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The damaged segment has been shut down since part of it collapsed in 2020. Repair projections have topped $20 million, though city officials say they are looking at cheaper approaches.
Councilmember Joseph Nachtrab, who represents the ward containing the damaged section, said he sees little danger for the city in court.
"I felt that our risk of losing is minimal," he told Bridge Michigan.
Nachtrab added that he believes Petoskey is meeting the easement requirements and would probably win at trial.
More background
For residents and visitors, the Wheelway offers a free route to Lake Michigan views that are not easily accessible elsewhere.
That theme came up repeatedly in public comments.
"The beautiful area along Little Traverse Bay is spectacular. I encourage you to maintain this easement," said Resort Township resident Mary Campbell.
"It took over 30 years to establish the trail. I'd hate to see this piece of property lose an easement and then have fragmented trail forever," she added.
Petoskey resident Marie Law likewise focused on the trail's importance for public shoreline access.
"The Wheelway is one of the last free accessible shoreline experiences open to the residents and visitors at all income levels and abilities in all of our municipalities," she remarked.
A city victory would maintain the current continuous access and could allow the Miracle Mile to reopen once repairs are completed.
A loss, however, could force Petoskey to fix the disputed area on a court-set schedule and could end public passage over the Lo property, disrupting a route assembled over decades.
What's being done?
Instead of taking a proposed deal, Petoskey is moving toward trial.
That settlement would have allowed six years to secure funding and permits and begin construction, but failure to meet those terms could have resulted in loss of access to the Lo property.
Trial-related legal expenses are expected to reach about $100,000, Bridge Michigan reported.
During public comment, Top of Michigan Trails Council interim executive director Becca Nelson stated that city officials should have received a letter from the nonprofit's attorney offering up to $20,000 in matching money for the city's case.
"That was really compelling," Nachtrab said.
According to Petoskey City Manager Shane Horn, discovery is scheduled to continue until Oct. 5, and dispositive motions must be filed by Oct. 29.
Several commenters argued that because the Wheelway crosses private land and serves multiple communities, the effort to restore it and defend access should be shared regionally rather than left solely to Petoskey.
"Protecting this corridor is critical to the future of reestablishing any continuous improvements between our communities and preserving public access along the shared shoreline, especially as our pristine views continue to disappear to new development," Law asserted.
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