Petoskey will fight to keep public access to the popular Miracle Mile section of a trail that runs from Harbor Springs to Petoskey, the council decided Tuesday at a special meeting.
In line with public urging, thecouncil rejected a settlement agreement for a lawsuit that could have put trail access at risk and authorized the city to prepare for trial.
This reporting is made possible by the Northern Michigan Journalism Collaborative, led by Bridge Michigan and Interlochen Public Radio, and funded by Press Forward Northern Michigan.
If the city goes to court and wins, it could hold on to permission granting continuous public access to the Little Traverse Wheelway trail, allowing the public to return to using the Miracle Mile if a damaged section of the trail is repaired. If the city loses, it might need to repair the disputed part of the trail on the court’s timeline and public access could be taken away from a stretch of trail that took decades to acquire.
After a legal battle that has already lasted around a year, including settlement talks in an effort to avoid going to trial, Councilmember Joseph Nachtrab told Bridge Michigan, “I felt that our risk of losing is minimal.”
Portions of the 26-mile Little Traverse Wheelway — of which the Miracle Mile is a part — run through private property that the public is allowed to access through easement agreements. An eroded section collapsed in 2020 and has remained closed since.
Last August, Gustav and Courtney Lo, a Florida-based couple who own two parcels of land along the trail, sued the city, demanding it pay for repairs they said were needed to keep their property from suffering additional damage. They also asked the city to release the easements on their land. Since then, multiple proposed settlement agreements have been on the table.
Past estimates have put trail repair costs at upwards of $20 million, though officials are currently exploring more cost-effective options.
The most recent proposed settlement agreement would have given the city six years to obtain money and permits and begin construction. If the city did not meet the terms, the public would lose access to the trail on the Lo’s property.
Councilmembers spent most of the special meeting in closed session anddid not publicly vote or discuss the issue, but Nachtrab, who represents the ward that includes the damaged trail, told Bridge that, after listening to public comment and reading the merits of the case presented by the city attorney, he thinks the city is complying with the terms of the easement agreement and will likely win if the dispute goes to trial.
Gustav Lo told Bridge over text that he was taken aback by the council’s decision.
“We feel the city and city council have been somewhat disingenuous. It’s not like we’ve been trying to lay down the law and say ‘It’s our way or no way.’”GUSTAV LO | property owner
“We feel the city and city council have been somewhat disingenuous,” he said. “It’s not like we’ve been trying to lay down the law and say ‘It’s our way or no way.’”
Lo said heand his wife agreed three times to settlements that were drafted up in consultation with members of the City Council.
“Then it comes to a vote and they reject it. Makes no sense to us,” he said.
Nachtrab said even though he and the mayor were involved in the last settlement agreement negotiation, the council didn’t get to see the final version of the proposal until shortly before its last regular meeting.
The city estimates going to trial will cost $100,000 in legal expenses. The interim executive director of Top of Michigan Trails Council, Becca Nelson, told Petoskey officials during public comment at Tuesday’s special meeting that they should have received a letter from the nonprofit’s legal counsel saying Top of Michigan Trails Council is committed to matching funds for the city’s litigation of up to $20,000.
“That was really compelling,” Nachtrab told Bridge, saying it factored into his decision.
Since the lawsuit was brought, members of the public have repeatedly come forward urging the city to not give up public access to the trail. Tuesday night was no different.
“The beautiful area along Little Traverse Bay is spectacular,” said Resort Township resident Mary Campbell. “I encourage you to maintain this easement. 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.”
A couple people said that, because the trail is regional, defending and restoring public access to it should be a regional fight. They said they were contacting officials from local governments like Resort Township, Charlevoix, Harbor Springs and Emmet County to get involved and support Petoskey.
“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,” said Marie Law, of 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.”
Both parties in the lawsuit have until Oct.5 to collect information and evidence as part of legal discovery in preparation for trial, Petoskey City Manager Shane Horn told Bridge. Dispositive motions, which ask the court to resolve all or part of the case without a trial, are due Oct. 29.
This article first appeared on Bridge Michigan and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.