March 2010 - Parks & Recreation - 30

LAW REVIEW continued from page 27

Facts
Jean Klock Park is a 73-acre park is located in Benton Harbor, in southwestern
Michigan, about 90 miles from Chicago.
The Park's natural features include sand
dunes running along its entire half-mile
stretch parallel to Lake Michigan. John

and Carrie Klock, whose daughter Jean
died in early childhood, donated the
property for the Park to the City of Benton Harbor in 1917. The Klocks gave the
Park to the City in perpetuity to preserve
the dunes and lakeshore and dedicated
the Park to " the children. " In 1977, the

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federal government provided a $50,000
LWCF grant for improvements at Jean
Klock Park.
A nonprofit developer, Harbor Shores
Community Redevelopment, Inc. ( " Harbor Shores " ), planned to build three golf
fairways and holes in Jean Klock Park.
These golf holes are part of a 500 acre
project including an 18-hole championship signature golf course designed by
Jack Nicklaus and a residential and commercial development.
In order to build three golf holes in
part of the Park, the City obtained federal approval to lease 22.11 acres of the
Park to Harbor Shores for a term of 35
years, with two 35 year renewal options.
The portion of the Park covered by the
lease included a picnic pavilion, an overlook pavilion, and a large parking lot; it
did not include the beach or the lake side
of the sand dunes.
In exchange for the lease, Harbor
Shores granted the City " mitigation
property " which included various parcels of land along the Paw Paw River,
totaling 38 acres. The City planned to
combine the new parcels with existing
public trails and to develop a 12 mile
public trail system that will include fishing decks, boat launch facilities, picnic
facilities, and parking.
The environmental review process
for the lease began in April 2006 with six
public comment sessions held in August
2006. The City presented a proposal to
the Park Service, but the Park Service
did not approve the initial request. The
City revised the proposal and opened it
to public comment from April 2 to May
17, 2008. The City held a public hearing during the comment period. The
City then added the public comments
and submitted the revised proposal to
the Michigan Department of Natural
Resources. The Michigan DNR recommended approval to the Park Service,
and the Park Service approved the lease
on July 25, 2008.
Plaintiffs all live within three miles
of Jean Klock Park. According to plaintiffs, these three golf holes would " consume virtually all of the Park's lengthy
March 2010 - Parks & Recreation

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