By By NORMA LERNER / Dowagiac Daily News
CASSOPOLIS - Cass County road commissioners are proceeding to hold a public auction of two parks at Shavehead Lake in Porter Township even though they face legal action by a protester.
The commission heard from its attorney, Eugene Smith, who told the board during its meeting on Thursday that he heard from David Hoffman, an heir of Ida Hoffman who was a plat proprietor of the property in 1936.
Smith said Hoffman plans to file an injunction to stop the sale of the public auction on the two lots on Aug. 29.
Smith said the deed in 1936 states that the lots are to be used for recreational purposes, picnics, bathing and amusement and not for business. He said the lots will be sold for residential use.
Following a discussion about the matter, Joseph Bellina III, engineer-manager, recommended that the board proceed with the sale. He said the auctioneer advertised the sale and got 20 calls on it the first day and two to three calls every day since then.
Hahn Auctioneers of Nappanee is holding the sale of the two parks, Cozy and Shady, on the west side of the west portion of Shavehead Lake. They have been owned by the road commission since 1935 and are waterfront.
The two lots are 43 and 44 in the amended plat of Shavehead Lake on North
Drive at 50-feet wide by 150 feet deep which means 100 feet of water frontage. The sale will be held at 6 p.m. on Aug. 29 at the Porter Township Hall at 69373 Baldwin Prairie Road, Union. The road commission will keep 33 feet of the property so no property will be landlocked. Sale proceeds go to Porter Township.
Earlier the commissioners authorized the road commission chairman and road commission clerk to execute the conveyance of the deeds to be quit claimed to Porter Township to go to the highest bidder. The parks were not being used anymore.
In another matter, the road commission agreed to allow the sheriff's department to store an emergency response trailer in an unused storage bay in one of the road commission's garages. The request was made from Sheriff Joseph Underwood who said it was being stored at the fairgrounds but that it is not plowed out during the winter time should there be a disastrous use for the trailer.
The road commission board, who is also the parks board, heard from Parks Director Scott Wyman who said the parks budget is tight and a special meeting will have to held in September to make some budget transfers to make ends meet until the end of the fiscal year Sept. 30. Also will be discussed the park's department proposed $48,750 county appropriation which is about half of what was requested.
Wyman also discussed that the recent booth at the county fair was successful with lots of people picking up information. He said he received much support from patrons.
He also reported that the sheriff is not holding a scare trail this October since the turnout was poor with the bad weather. Wyman said he is contemplating to hold a smaller scare trail just for the children one night instead of two with a hay ride, crafts, pumpkin carving and other things. He will report on it later.
He also reported that the logging project is completed at Russ Forest in Volinia Township.
The board approved for Wyman to request a lease for three more years with the department of natural resources to operate Dodd Park in Pokagon.
There will be park handouts available Saturday at the Dowagiac Conservation Club on Michigan-51 North in Dowagiac from 12 to 5 p.m.