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County to hold hearing on injunction against Crosswinds
Prosecutor says halt ski hill construction until after referendum

This photo of the lodge site cleared north of the Lac La Belle Road shows what appears to be one of the ski lift sites (top center) on Mt. Bohemia. According to a requested injunction by the Keweenaw County Prosecuting Attorney, neither the lodge nor the lifts can be built before the November 7 referendum on zoning changes.

EAGLE RIVER ’Äì A hearing to decide on a request for a court injunction to halt construction of the Mount Bohemia ski hill until the November referendum on zoning changes will be held at 9:30 a.m. Thursday, Sept. 7, in the Keweenaw County Courthouse in Eagle River. Meanwhile, parts of ski lifts await assembly in the parking lot already cleared at the foot of Mt. Bohemia. In late August the developer, Crosswinds Communities, Inc., received permits from the state Department of Consumer and Industry Services to construct the lifts for safety inspection.

In the parking lot site south of the Lac La Belle Road ski lift apparatus apparently awaits assembly for construction, which may be halted until/ unless the November referendum allows zoning changes.

Just recently Upper Peninsula Power Company employees have been installing poles for electricity on the north side of the Lac La Belle Road, near the area of the proposed lifts and lodge.

This sign warns motorists that utility crews have been putting up power poles along the Lac La Belle Road, near the sites for the proposed lodge and ski lifts.

On August 29 Keweenaw County Prosecuting Attorney Donna Jaaskelainen filed a summons and complaint for the injunction, naming herself as plaintiff. She names as defendants Crosswinds Communities, Inc.; Crosswinds subsidiary Black Bear, Inc.; Lake Superior Land Co., the property owner from whom Crosswinds is leasing the ski hill area; and agents, employees and contractors.

In support of her request, Jaaskelainen first outlines the history of the proposed zoning changes leading to the petition for a referendum, the approval of the petition and its language and the Zoning Board of Appeals’Äô postponement of a decision on whether a ski hill is "low-intensity recreation" ’Äì a status that Crosswinds believed would allow it to be built in Conservation-Environmental Protection (CD-EP) zoning. Jaaskelainen notes the Board of Appeals tabled that decision "until the referendum decision is resolved" and Jane Pelto, zoning administrator, informed Crosswinds that the issue was tabled.

"And as such," Jaaskelainen adds, "a ski hill is not specifically stated as a permitted use within the Keweenaw County Zoning Ordinance."

The November referendum is intended to allow Keweenaw County voters the opportunity to vote for zoning changes approved by the County Board of Commissioners on April 11, 2000. While the board approved reclassifying a portion of Mt. Bohemia and the surrounding area from CD-EP to Resort Services (RS) and amending RS zoning to include ski resorts, a petition in June requested voters be allowed to vote on those changes in a referendum.

Crosswinds has projected building the proposed lodge, lifts and 50 rental cabins in areas that are now ’Äì without the zoning changes ’Äì still zoned CD-EP.

The brief in support of her request further states Jaskelainen’Äôs position "That Crosswinds, Inc./Black Bear, Inc. has received a permit from the Department of Consumer and Industry Services Ski Safety Department for the construction of the lifts. That it is the intent of Crosswinds, Inc./Black Bear, Inc., to begin construction of the ski lift and buildings on Mt. Bohemia."

Jaskelainen’Äôs Analysis/Argument is stated as follows: "An Injunction is the Only Adequate Remedy to Preserve the Statutory and Constitutional Right of the Voters of Keweenaw County to Vote on the Zoning Reclassification and Zoning Amendment."

While Crosswinds spokesman Lonie Glieberman and Crosswinds attorney Frank Ellias were not available for comment to Keweenaw Today, some residents said they expect the hearing to draw a large audience.

"I expect that there will be a capacity crowd," said Eagle Harbor resident Don Keith, candidate for county commissioner. "In my opinion, there is a great deal of interest in this issue ’Ķ I intend to be there strictly as an observer to the proceedings."

Keith added he was in total support of all the professional elected officials of Keweenaw County ’Äì the prosecuting attorney, the clerk, the treasurer, the sheriff and deputies ’Äì in their efforts to serve the county.

"I sense that they have overwhelming voter support," he said. "Our Prosecuting Attorney has been maligned, and I think (Crosswinds) has been less than respectful to her ’Ķ I think that she is doing what the people elected her to do."

County Commissioner Frank Stubenrauch said he could not predict the outcome of the hearing, to be decided by Twelfth Circuit Court Judge Garfield Hood.

"I’Äôm not going to second-guess Donna. She’Äôs the chief law enforcement officer of the county," Stubenrauch said. "We’Äôll see what happens."

Stubenrauch said he believed the ski hill should be allowed in Resort Service zoning even without the amendment.

"I don’Äôt think any reasonable person could say it isn’Äôt allowed in Resort Service," he said, "even though it’Äôs not mentioned."

He added CD-EP is a different matter.

"That’Äôs what the referendum is all about," he noted.

Jaakelainen’Äôs Analysis/Argument states that a ski resort cannot legally be built in either RS or CD-EP zoning until voters have a chance to vote on the zoning changes and amendment.

Her argument says, "’Ķ with respect to permitted uses within RS Resort Services, the filing of the Notice of Intent, the filing of the referendum petitions, the determination of the Keweenaw County Clerk the petitions were adequate and the placing of the referendum issue on the ballot by the Keweenaw County Board of Commissioners stops/halts/prevents the determination that a ski hill including base lodge, lifts, storage and maintenance buildings, restaurants and related uses is allowable. Not until the voters of Keweenaw County approve that the ski hill and related uses are permitted in Resort Service can that actually happen."

Jaaskelainen notes that to proceed with construction of the resort before the November referendum would violate Michigan law MCL 125.212, the County Zoning Act.

She adds that, with respect to CD-EP, the permitted uses within that zoning are presently listed in the zoning ordinance as "Forestry; Public or private low-intensity recreation uses such as parks, golf courses, conservation clubs and campgrounds; Extraction of sand and gravel resources."

Jaaskelainen argues, "The Application of Crosswinds, Inc. to change the CDEP District on Mt. Bohemia to Resort Services and amend permitted uses to include ski hill, including base lodges, lifts, storage and maintenance buildings, restaurants and related uses is within Resort Service and not CDEP. Otherwise if the above-described uses are within a permitted use in CDEP why request a rezoning of the District. If you already have the use within the zoning district why request a change, this is illogical.

"Furthermore, the Zoning Board of Appeals ’Ķ has elected to table the issue of permitted use within CDEP and Resort Service because the decision of the electorate of Keweenaw County plays a vital role in the discussion and determination of whether or not a ski hill and related uses are permitted within CDEP."

In her conclusion, Jaaskelainen states, "Since the Defendant themselves applied for the change from CDEP to Resort Service and since the Board of Appeals has tabled the permitted use issue until the general election, the placing of a base lodge, lifts, storage and maintenance buildings, restaurant and related uses are not permitted and are a violation of the zoning ordinance."

The cleared area to the right, east of the Lac La Belle mailboxes on the north side of the road to Bete Grise, appears to be the site of a second ski lift.

Keweenaw County voters who supported the petition for the referendum said they looked forward to attending the hearing.

Gratiot Lake residents Bud and Janet Avery were among those planning to attend the hearing. Janet Avery said she was glad Jaaskelainen has requested the injunction.

"I think it shows that people from other places can’Äôt just come in and do what they want to Keweenaw County without local people being able to have some say in it," Janet said.

One Lac La Belle resident, who said he is not happy with the present view of Mt. Bohemia from his home, noted he is definitely planning to attend the hearing.

"You bet I am. I’Äôm going down to see what happens," said Robert "Dutchy" Piche, a full-time resident of Montgomery Point, which is opposite the ski runs already cleared on Mt. Bohemia. "I’Äôm not happy with what they’Äôre doing to the most beautiful place in Keweenaw. I love this place."

Lac La Belle residents like Robert Piche of Montgomery Point have complained about this view of the cleared areas on Mt. Bohemia. However, some contributors to the Keweenaw Commentary have noted their positive reactions to it.

Lac La Belle resident Paul Campbell said he plans to attend the hearing, although his wife Anita is unable to because the hearing is scheduled during her workday.

"I hope there will be a lot of people there," he said.

Campbell was one of the circulators of the petition for the November 7 referendum, intended to give local voting residents a voice in the county board decision to change zoning for the purpose of building a ski resort at Mt. Bohemia.

In her brief, Jaaskelainen notes these dates and actions in support of her Complaint:

¬…        March 28, 2000: Keweenaw County Zoning and Planning Board approved zoning changes and amendment to zoning ordinance.

¬…        April 11, 2000: Keweenaw County Board of Commissioners approved zoning reclassification and amendment requested by Crosswinds and Lake Superior Land Co.

¬…        May 24, 2000: Notice of Intent challenging reclassification and amendment to zoning ordinance filed with County Clerk.

¬…        June 16, 2000: 263 petitions filed with County Clerk.

¬…        July 12, 2000: County Clerk approved the referendum and County Board set the election on the referendum for Nov. 7, 2000.

¬…        August 15, 2000: County Board approved language to be submitted to voters on referendum issue.

Jaaskelainen’Äôs brief also states that filing the Notice of Intent and the referendum petitions meant the reclassification was stayed and the CD-EP zoning district remained in effect until the election result was determined.

Her Complaint requests both a temporary restraining order and a permanent injunction against further ski hill construction "until the vote of the people is held on November 7, 2000, or until further order of the court."

’Äì Michele Anderson
September 6, 2000