Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Standard view
Full view
of .
Look up keyword
Like this
0 of .
Results for:
No results containing your search query
P. 1
Press Release, Jean Klock Park Federal Appeal decision, 1/25/2012

Press Release, Jean Klock Park Federal Appeal decision, 1/25/2012

Ratings: (0)|Views: 44|Likes:
Published by ProtectJKP
Press Release 1/25/12 Regarding Court of Appeals Decision
Press Release 1/25/12 Regarding Court of Appeals Decision

More info:

Categories:Types, School Work
Published by: ProtectJKP on Jan 25, 2012
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less





For immediate releaseJanuary 25, 2012Contact: Terry Lodge, plaintiffs’ attorney, 419-255-7552Plaintiffs’ website: Protect Jean Klock Park, www.protectjkp.com
 Plaintiffs’ (Appellants’) Response to Sixth Circuit Court of Appeals Decision On Jean Klock Park Privatization
 Seven foes of the private takeover of the heart of Jean Klock Park in Benton Harbor, Michigan,for 3 holes of the Harbor Shores golf course development, today called the January 25 decision of theSixth U.S. Circuit Court of Appeals flawed and incomplete.A three-judge panel of the court, which is located in Cincinnati, turned down a public interestchallenge of federal permits authorizing construction of the privately- owned and -operated golf course inthe city park, one of the state’s oldest public parks. The plaintiffs, all from Benton Harbor and BentonTownship, sued the National Park Service and the Army Corps of Engineers in August, 2008, claimingviolations of the Land and Water Conservation Fund Act, the National Environmental Policy Act, the National Historic Preservation Act and the Clean Water Act after permits were issued for construction.The Court of Appeals stated that most of the case was rendered “moot” - that it need not bedecided - because the golf course was finished by the time that court heard arguments from the partiesand made its decision.“We’re perplexed that the court mentioned nowhere in its opinion the serious toxiccontamination of five of the seven (7) parcels of land traded to the public to make up for the loss of theacreage on the crests of the Jean Klock Park dunes,” said Terry Lodge, attorney for the plaintiffs.“Harbor Shores’ own consultant report suggests that only the thick concrete and wood-chip paths acrossthe parcels, which the consultant calls ‘isolation zones,’ will be safe for families and children to use. TheCity, Harbor Shores, and ultimately the National Park Service all completely failed to tell the public before the deal was sealed that 5 of the 7 parcels of supposed new parkland have serious poisons oozingto the surface and polluting the Paw Paw River, and they did not explain how that economically-worth-less acreage was a fair trade for the spectacular and unpolluted Lake Michigan overlooks of Jean Klock Park.”The appellate court also said that the plaintiffs did not have legal standing to question theappraisal which set the value of land traded for the Park. “Harbor Shores, the developer, oversaw theappraisal. That appraisal set a price on prime, beautiful Lake Michigan-overlook dune crests of pennieson the dollar. The appraisal for 22 acres of Jean Klock Park was $900,000, for land that according tosales in the immediate vicinity should have been valued at perhaps $12,000,000 to $16,000,000,”commented Lodge. “But the court ruled that the plaintiffs could not have a court decide whether theappraisal was corrupt. So anytime the public’s parks are sold for development, the public cannotquestion the price tag set by an appraiser picked by the developer who stands to profit.”Julie Weiss, one of the plaintiffs, commented: “What troubles me most is that the state seems tohave forgotten how many golf courses already are begging for business, and yet the state has bet theranch on this development, although that bet was wagered with public resources and public money. Thefederal agencies all took a pass on independent review of many dubious conclusions presented to them,or they failed to ask pertinent questions. The review of JKP's historic significance conducted by the

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->