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County, landowner dispute farm road
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Phillup Brinkman’Äôs one-acre property at the corner of Five Mile Point Road and Farmers Block Road South abuts the alleged "Leskinen Farm
Road," which the Keweenaw County Road Commission claims is a county road. Brinkman says it has been the family’Äôs private drive since the 1970s.
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EAGLE RIVER ’Äì On Wednesday and Thursday, August 30 and 31, Twelfth Circuit Court Judge Garfield Hood heard testimony and accepted exhibits on the disputed ownership of the alleged
Leskinen Farm Road 33-foot right of way south of the Phillup Brinkman home at the corner of Five Mile Point Road and Farmers Block Road South. The Keweenaw County Road Commission
claims that the alleged road is a county road and that Brinkman’Äôs obstruction of the road with items of personal property results in adjacent property owners being "landlocked," or denied access to
their property.
The Complaint filed on April 7, 1998, by Donna Jaaskelainen, Keweenaw County Prosecutor, on behalf of the Keweenaw County Road Commission states in part "That on or about March 13,
1936 Plaintiff acquired an interest in the roadway adjacent to the Defendant’Äôs property when at a regularly scheduled meeting, the Board of Commissioners of the Keweenaw County Road
Commission accepted the Allouez Township Road known as the Leskinen Farm Road" and "That Plaintiff has not abandoned nor discontinued said County Road."
The Prosecutor’Äôs Complaint also notes obstructions placed on the road include automobiles, a propane tank, lumber, a doghouse, a white fence, burned debris and pipes. It says the Leskinen
Farm Road is the only access road for adjacent property owners and obstructions in the road result in these landowners being denied access to their property.
The Answer to the prosecution’Äôs Complaint, filed on May 13, 1998, by Evan Dixon, attorney for Brinkman, states in part, "Defendant denies the existence of any such ’Äòroadway’Äô adjacent to this
property" and "denies that his property is the only way for adjacent property owners to access their property, but is without sufficient information upon which admit or deny that the so called ’ÄòLeskinen
Farm Road’Äô is the only access road for these property owners."
Phillup Brinkman, current owner of the one-acre property in the extreme southwest corner of Section 17 that abuts the west end of the .25-mile section of road, maintains it has been the family's
private drive since the 1970s and has not been used by the public since that time. A 1983 survey of the property by Robert Crampton, president of Crampton Surveying, noted a two-rut road in the
alleged 33-foot right of way, based on the County road maps.
Complicating the issue is the fact that the basement entrance to the Brinkman home, built on the foundation of the old Gratiot River School, lies within the disputed area, as does the septic tank and
field. No trespassing signs, the residence propane tank, mature trees and a cable across the road have denied public access for years.
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The Road Commission claims a 33-foot right of way that would include the basement entrance to the Brinkman home, at left, and the septic tank and
field. At right are some of the obstructions the family has placed in the alleged road to prevent public access.
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The disputed section of road is directly across from Farmers Block Road South and gave access from Five Mile Point Road to the Leskinen farmstead in the 1940s and 1950s. At that time,
according to William R. Leskinen, who lived there with his parents during the summers, the road was gravel and rock, graded three or four times a summer, plowed open by the county in the spring.
Asked by Judge Hood if the road was wide enough for two cars to pass, Leskinen replied, "No, but it was in good shape for driving in."
Questioned by Judge Hood about more recent usage, Leskinen said he wasn't there much until his daughter bought the two 40s in the 1980s. To Judge Hood’Äôs question as to whether the County
had since then graded, graveled or plowed the road, Leskinen replied no, that in fact he had made some repairs to it himself.
The Brinkmans say they have maintained a culvert under the road to help drainage from Farmers Block Road South "for more than 40 years."
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The Brinkmans say the family has maintained this culvert for drainage under the alleged road for the last 40 years. Yvonne Brinkman said the old
fireplace grate was put in by her husband Phillup’Äôs father approximately 20 years ago to prevent debris and animals from entering.
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The Brinkmans say the alternative of putting a driveway on the north side of their house for access from Five Mile Point Road would affect their well
(white pump at left), which sits directly above an artesian well, with a pipe leading to the water pump in the basement. According to the health department, they said, locating a driveway
over this area would pollute and/or freeze the water.
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In addition to Leskinen, Lake Superior Land Company is one of the adjacent property owners.
Walter Arnold, Marketing and Sales director for Lake Superior Land Company, testified: "We aren't landlocked and have access to the company's property through another county road to the
south, but in order to access it through this road we would have to build a bridge across the Gratiot River."
Arnold added, "About 500 acres is accessed by the road north of the river."
In the Affirmative Defenses and Counter-Complaint, Dixon writes, "If the Leskinen Farm Road was ever properly adopted into the Keweenaw County Road System and if this road ever crossed
the Defendant’Äôs property, it has long since been abandoned by the County."
Said Keweenaw County Surveyor Joseph Waananen, "The McNitt Act in the 1930s permitted
township/local roads to be taken over by the counties."
Waananen, who has held the county surveyor position since 1975, noted the Leskinen Farm Road
was accepted under that Act. County maps in the late 1930s and early 1940s show the road section. Some show it entirely south of the Section line.
"Road locations on maps are often approximations," he added.
On the County Road Certification Map of Keweenaw County ’Äì dated July 1, 1999 ’Äì the alleged
Leskinen Farm Road is shown east of Five Mile Point Road.
After the noon recess on Wednesday, Judge Hood asked both parties involved to retire and try to
reach an accommodation, saying that neither the road right of way alternative ’Äì with potential loss of septic and basement on the Brinkmans' part ’Äì nor the no-road alternative ’Äì with LSLC
landlocked unless they build a bridge ’Äì was a good outcome. Since the parties were unable to reach such an accommodation, the trial continued until 3 p.m., after which time Judge Hood and the
attorneys visited the site in question.
During the three hours of testimony Thursday morning three of the Brinkmans' neighbors ’Äì all
longtime residents of the immediate area ’Äì said they had never seen the road in public use, had never seen county road signs on it and had never seen it graded or graveled. Richard Kordes, of
Farmers Block Road North, noted he had traveled Five Mile Point Road for 40 years, since before the Brinkman home was built. Asked by Judge Hood if the road had been made passable between
40 years ago and today, he replied, "No."
At the close of testimony on Thursday, Judge Hood asked both attorneys to present closing briefs
to him on Friday, September 15. He said his main interest would be in what Keweenaw County has or has not done regarding this road.
Said Brinkman, "I am confident that justice will be served eventually."
’Äì Sandra Britton
September 4, 2000
Photos by Michele Anderson
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