Traverse City leaders were happy Thursday after the Michigan Court of Appeals sided with the city on the proposed FishPass Project. Barring an appeal, the city can now move forward with the project designed to prevent invasive species from entering the Boardman River.
The proposed FishPass Project has been a contentious issue after groundbreaking at the Union Street Dam Park was put on hold. A judge sided with a city resident back in February who argued changes to the parkland required a vote.
“My client and I are disappointed because it will reverse Judge Powers’ decision,” the resident’s attorney, Jay Zelenock, explains. “I think that this decision unfortunately doesn’t give teeth to those charter provisions and protect the people rights to vote on really important issues like parkland disposition.”
The city’s attorney, Lauren Trible-Laucht, argued that its not a park. And although the Court of Appeals says it is, they sided with city saying the project won’t change how the park is currently used.
“The court didn’t really get too deep into the issue of whether it was a parkland or not. I think what the court said is it doesn’t matter,” Trible-Laucht states. “There’s no disposal of any property interest and all the proposed uses are consistent with what the parklands use would be anyway. So, the important thing is that trigger under the charter hasn’t occurred to require a vote.”
Those opposed to the project will have 42 days to file an appeal, something Zelenock says will be up to his client.
If he chooses not to appeal the city says they’re not sure when they’ll get started on the project. They say there are still a lot of moving pieces to consider.
“Ecologically it’s important. It’s important for public safety, health and welfare. So, the city is really looking forward to getting going on the project,” Trible-Laucht says.
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