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Marina Walkway Owner Entitled to Lease Bottomlands

Bay Cliff Estates Condominium Association v. Harbor Club Properties, Inc., No. 292083, Mich. App. Ct., September 21, 2010

Developmental Rights: A Michigan appeals court affirmed a finding that the owner of a walkway adjacent to the bottomlands of a marina was part of excepted property in the developers’ recorded master deed.

In keeping with the Great Lakes Submerged Lands Act, the state of Michigan leased the bottomlands of Suttons Bay marina to Church & Church, Inc. The property described in the lease included a walkway approximately 10 feet wide that runs along the edge of the marina. Harbor Club Properties and the other defendants built and operated a marina on the leased bottomlands and developed condominium projects nearby. An exception in the master deed for the condominium property excluded, “lands covered by the Suttons Bay Yacht Basin description, a proposed marina condominium.”

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