The Village of Elk Rapids moved a step closer to retaining sole ownership and maintenance responsibility for the Island Property, which houses the Elk Rapids District Library.
On Monday, August 15, 2022, the Judge Elsenheimer of the 13th Circuit Court granted the Village of Elk Rapids’ Motion for Partial Summary Disposition and ruled that Section 41.2 (3) of the General Township Act did not prohibit the Elk Rapids Township from transferring its half interest in the property back to the Village.
Judge Elsenheimer’s ruling paves the way for the Township to follow through on its statement that it wants to convey its half interest to the Village while addressing their underlying concern that it would not be allowed to do so under 41.2(3). Now that the Judge has stated that 41.2(3) does not stop the Township from the conveyance, that concern of the Township has been eliminated.
The Village will once again approach the Township with the Property Transfer Agreement first proposed in December of 2021. The Property Transfer Agreement would allow the Township to cede its interest in the Island House Property and allow the Village to continue to maintain the grounds as it has for decades.
“The Village looks forward to collaborating with Elk Rapids Township to provide a final resolution of the ownership issue,” said Jim Janisse, Village President.
For more information on the history of the ownership of the Island House Property and associated documents, please visit the webpage dedicated to this matter: https://elkrapids.org/document-center/#1629127984822-8fa4fdeb-278c.
For the full press release, please download the document below.