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'''Jean Klock Park''' is a historic [[city park]] along [[Lake Michigan]] in [[Benton Harbor, Michigan|Benton Harbor]], [[Michigan]], [[United States]]. In 1917, John Nellis Klock and his wife, Carrie, bought a significant stretch of [[Shore|lakeshore]] including tall [[dunes]] and {{convert|2950|ft|m}} of shoreline from E. K. Warren, donor of [[Warren Dunes State Park|Warren Dunes]], and [[deed]]ed the land to the city of Benton Harbor. They gave the land in memory of their daughter, Jean, who died in early childhood. The Klock deed stipulates that the property be used for [[Beach#Beaches and recreation|bathing beach]], [[park]] purposes, or other public purposes. At the park [[Opening ceremony|dedication]], Klock stated, |
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{{Wikify|date=May 2009}} |
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'''Jean Klock Park''' is a historic city park along [[Lake Michigan]] in [[Benton Harbor, Michigan|Benton Harbor]], [[Michigan]], United States. In 1917, John Nellis Klock and his wife Carrie purchased a {{convert|90|acre|m2|sing=on}} parcel of Lake Michigan frontage property, and then conveyed it to the City of Benton Harbor to be used explicitly and forever as a public park and bathing beach for the people of the city and surrounding communities. The property was dedicated to the children of the City and was named Jean Klock Park in memory of the Klocks' daughter, Jean, who had died in infancy. |
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| ⚫ | "In taking an [[inventory]] of life, we all [[Stock-taking|take stock]] of the circumstances surrounding the happiest moments. The giving of this park to the city of Benton Harbor has been to Mrs. Klock and myself, the happiest moment of our lives. The deed of this park in the [[courthouse]] of [[St. Joseph, Michigan|St. Joseph]] will live forever. Perhaps some of you do not [[Land tenure|own a foot of ground]], remember then, that this is your park, it belongs to you. Perhaps some of you have no [[piano]] or [[phonograph]], the roll of the water murmuring in calm, roaring in storm, is your music, your piano and [[music box]]. The beach is yours, the drive is yours, the dunes are yours, all yours. It is not so much a gift from my wife and myself, it’s a gift from a little child. See to it that the park is the children's.” |
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When asked why he and his wife gave the park to the city, John Nellis Klock stated: |
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The park's center has been converted to three holes of a championship [[golf course]] ([[The Golf Club at Harbor Shores]], part of the Harbor Shores development). The course is [[Privately held company|privately owned]] with daily usage available to anyone for $150.00 per [[Golf#Play of the game|round]]. [[Residency (domicile)|Residents]] of Benton Harbor can play for about $40.00 per round, as can all residents of [[Berrien County, Michigan|Berrien County]].<ref>[https://www.scribd.com/doc/31037023/Warm-Weather-Gives-Harbor-Shores-Early-Start/ Warm Weather Gives Harbor Shores Early Start, www.scribd.com]</ref> |
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"There is little joy in piling up money that you do not need....Our first major gift was Jean Klock Park, ..which was given to the city of Benton Harbor. ..My wife was very anxious to give this park to the city in memory of our little child. Her untimely death made possible the giving to other children the share of our earnings which belonged to her, but which she could not use." |
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==Development vs. Preservation== |
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At the dedication ceremony Klock also stated: |
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Jean Klock Park is one of the oldest public parks in the state of Michigan and predates the formation of [[List of Michigan state parks|Michigan's state parks]], which occurred in the early 1920s. In 1952 the city of Benton Harbor purchased an adjoining [[Land lot|parcel of land]] along the northern border of the park to be added to the park [[acreage]]. Mr. Klock had tried for years with no success to buy it himself, but his death in 1938 and then [[World War II]] deferred the long-sought acquisition. The addition extended the beach shoreline by {{convert|300|ft|m}}. |
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In 1990 the city [[Project commissioning|commissioned]] a [[Strategic planning|master plan]] for Jean Klock Park, funded by a [[Coastal Zone Management Program]] [[Grant (money)|grant]], and the report concluded: |
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"Two general areas comprising the majority of the site are particularly sensitive to [[Human impact on the environment|human impact]]. The sand dunes and the [[wetlands]] on this property are of a level of quality that they require protection from over-use. Their importance as a resource cannot be [[Estimation|overestimated]]."<ref>[https://www.scribd.com/doc/49249202/Jean-Klock-Park-Master-Plan-1990-Coastal-Zone-Management-Grant Jean Klock Park Master Plan, 1990, Coastal Zone Management Grant, www.scribd.com]</ref> |
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== History == |
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Jean Klock Park is one of the oldest parks in the state of Michigan and predates Michigan's state parks. Its boundaries host a half mile of Lake Michigan shoreline and include, what are considered by the experts to be, the occurrence of three globally threatened natural communities consisting of: Great Lakes Open Dunes, a Great Lakes Marsh, and Interdunal Wetlands. |
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The golf course development is extremely [[controversial]]. Taking one side of the controversy, the [[Michigan Messenger]] (December 21, 2009) stated that the golf course development has severely damaged the [[natural resource]] values on the park property.<ref>{{Cite web |url=http://michiganmessenger.com/32202/controversial-golf-development-gets-new-tax-credits-as-state-board-probes-failed-promises/ |title=The Michigan Messenger on the controversial golf course development of Jean Klock Park |access-date=2010-05-07 |archive-url=https://web.archive.org/web/20100226162345/http://michiganmessenger.com/32202/controversial-golf-development-gets-new-tax-credits-as-state-board-probes-failed-promises |archive-date=2010-02-26 |url-status=dead }}</ref> |
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Through the years unsuccessful attempts by developers were made to take over the land of this deed protected park. Unfortunately, in 2003 Jean Klock Park was threatened again. At that time the citizen group Friends of Jean Klock Park formed to prevent the sale of the park’s property for a housing development. Their efforts resulted in a lawsuit, Settlement Agreement and Consent Judgment that allowed a small portion of property to be developed in exchange for preserving the |
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remaining park property forever'''. |
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On the other side of the [[debate]], are [[Advocacy|advocates]] for a luxury [[Housing developments|housing development]], which would be centered around an 18-hole championship golf course designed by [[Jack Nicklaus]]. They depict the plan as transformative of the entire area surrounding Benton Harbor.<ref>[https://www.scribd.com/doc/31038080/Harbor-Shores-Kemper-Sports-Newsletter-Fall-2007 Harbor Shores Golf Club to Transform Southwest Michigan, www.scribd.com]</ref> |
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The portion of the park that was to be preserved under the Settlement Agreement is once again being threatened by the city of Benton Harbor's interest in a development proposal by Harbor Shores |
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Community Redevelopment, Inc. that includes a Jack Nicklaus Signature golf course. The proposal would impact the park’s low lying marsh, coastal wetland areas and would travel behind and along the |
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ridge of the park's unique and fragile dune structure. The cost of a round of golf could be as high as $200. The Friends of Jean Klock Park do not believe that the proposed golf course is consistent with John Klock’s intent for the park land'''. |
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Until recent years, Jean Klock Park was considered untouchable for [[commercial development]]. In 1986, the city sought to add the eastern part of Jean Klock Park, excluding the dunes, to a Downtown Development Authority (DDA), but protests from residents who were enraged by the city's disregard for the Klock deed restrictions and community understanding of acceptable uses for the park influenced the [[Michigan Attorney General|Michigan Attorney General's office]] to issue an opinion that stated that land not [[Geographic contiguity|contiguous]] to a city's [[downtown]] area could not be incorporated into a DDA.<ref>[https://www.scribd.com/doc/48371220/JKP-Added-to-Downtown-Development-Authority-1986 JKP Added to Downtown Development Authority, 1986, www.scribd.com]</ref> |
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In addition to the park area, over {{convert|100|acre|km2}} of neighboring wetlands along the Paw Paw River are slated as part of the development proposal. Due to the enormous value of our wetlands and the |
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increasing awareness and concerns about them and the degradation and loss of plant, fish and wildlife habitat, Friends of Jean Klock Park question the wisdom of placing this delicate ecosystem at risk. |
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In 2003, the city announced that, because of financial difficulties, Benton Harbor would sell an under-utilized portion of Jean Klock Park to Grand Boulevard Renaissance, [[Limited liability company|LLC]], which intended to construct a [[residential development]] on the property. The residents of Benton Harbor filed a [[lawsuit]] challenging the city's right to convey the property, asserting that such a conveyance violated the park's deed's [[covenant (law)|covenant]]s and restrictions. The case was settled, and the parties agreed to a [[consent judgment]] that allowed the sale of a portion of Jean Klock Park to the private developer in exchange for an [[injunction]] against further [[privatization]] or conversion of the park. The consent judgment stated that Jean Klock Park shall not be used “for any purpose other than a bathing beach, park purposes, or other public purpose related to bathing beach or park use; provided, however, that there shall be no [[RV park|recreational vehicle park]] campsites...The restrictions in this paragraph shall run with the land and shall be binding upon the City and its successors.”<ref name="court">{{Cite web |url=http://courts.michigan.gov/supremecourt/clerk/01-11/140685/140685-Index.html |title=Michigan Supreme Court Order, 2003 Jean Klock Park litigation |access-date=2011-02-07 |archive-url=https://web.archive.org/web/20110403072839/http://courts.michigan.gov/supremecourt/Clerk/01-11/140685/140685-Index.html |archive-date=2011-04-03 |url-status=dead }}</ref> |
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== Future == |
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Since 2003 the [http://www.savejeanklockpark.org/ Friends of Jean Klock Park] have voluntarily worked to keep further commercial development out of the park. Friends of Jean Klock Park are joined by the Alliance for the Great Lakes, the Michigan Environmental Council and Freshwater Future in the effort to save precious environmental resources from further destruction. |
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In July 2005, the city and Harbor Shores Community Redevelopment Corporation announced that they wished to use a portion of Jean Klock Park for a golf course that would be part of a privately owned mixed-use development consisting of commercial and [[retail]] buildings, residences, the golf course, a [[marina]], and other recreational uses. The project would use twenty-two acres of park land for three holes of an 18-hole Jack Nicklaus championship golf course. The city would lease the necessary land to Harbor Shores for a period of up to 105 years.<ref name="court" /> |
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In 2006 the Friends of Jean Klock Park officially incorporated as a non-profit organization. In July 2008, legal action was taken by two of the original plaintiffs of the 2003 lawsuit to enforce the 1917 deed and 2004 Consent Judgment. The case was dismissed in August 2008 in Berrien County Michigan Circuit Court. An appeal was filed with the Grand Rapids Michigan Court of Appeals in November 2008. As of September 2009, no court date has been set. The Friends of Jean Klock Park are asking for donations to help fund the ongoing legal battle. |
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On July 8, 2008, two [[plaintiffs]] in the 2003 [[litigation]] filed another lawsuit, claiming that a privately owned and operated golf course violates the previous consent judgement, seeking enforcement of the restrictions in the deed and the consent judgment. The plaintiffs argued that the consent judgment's intent was to require that the Jean Klock Park continue to be used for passive recreational use – the same way it had been used since 1917. Harbor Shores and the city responded with [[Motion (legal)|motions]] citing very expansive uses to which public parks in Michigan have been subjected, including [[runway]]s and [[nuclear reactor]]s. A golf course is a park purpose, the [[judge]] ruled, or certainly a public purpose related to a park use. The Berrien County [[Circuit Court]] further held that, because the city itself is empowered to use the park land as a golf course, the deed and consent judgment are not violated if the city [[leases]] the land to another party to do the same thing.<ref name="court" /> |
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A lawsuit to protect Jean Klock Park has been filed in federal court by Benton Harbor area residents against the U.S. Department of the Interior, National Park Service, the City of Benton Harbor and the Army Corps of Engineers for violations of the National Environmental Policy Act (NEPA), the Land and Water Conservation Fund Act (LWCF) and the Clean Water Act. The Land and Water Conservation Act's purpose is to protect parks assisted with LWCF federal funds, "Places That Matter," in perpetuity. Numerous encroachments on the park through the years have damaged the park's integrity through greed, short-sightedness and stupidity. The latest incursion is no exception to this long-standing pattern by self-interested snake oil salesmen conning the public with promises they cannot even begin to keep. |
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The plaintiffs immediately appealed the circuit court decision. The [[Appeals Court]] denied the appeal, affirming the lower court's ruling. A [[petition]] to appeal the decision was sent to the [[Michigan Supreme Court]], but was declined.<ref>[https://www.scribd.com/doc/48281471/Michigan-Supreme-Court-Order-Jean-Klock-Park-02-05-2011 Michigan Supreme Court Order, Jean Klock Park, 02 05 2011, www.scribd.com]</ref> |
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==Ongoing Litigation== |
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Seven other people filed a federal lawsuit against the City of Benton Harbor, the [[National Park Service]], the [[United States Army Corps of Engineers]], and the [[Advisory Council on Historic Preservation]]. |
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Golf course construction on the park site required permits from the Corps of Engineers and the State of Michigan, as well as permission from the National Park Service. The golf course development covers over {{convert|500|acres|km2}} and adjoins federally regulated wetlands, two [[river]]s and [[Lake Michigan]], all regulated waters of the [[United States]]. |
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On January 25, 2012, the [[United States Court of Appeals for the Sixth Circuit]] in ''Julie Weiss v. Secretary of the U.S. Department of the Interior'' ([[United States District Court for the Western District of Michigan|Western District of Michigan]]), an appeal from Julie Weiss and other concerned citizens to stop the development project, found most of the plaintiffs' claims to be debatable.<ref>[http://www.ca6.uscourts.gov/opinions.pdf/12a0086n-06.pdf Docket No. 10-1313], United States Court of Appeals for the Sixth Circuit, January 25, 2012</ref><!-- correct cite style? --><ref>{{cite news |first=Kate |last=Genellie |format=fee required |title=Another Victory in Federal Court for Harbor Shores Development |url=http://www.theh-p.com/articles/2012/01/26/local_news/8330374.txt |work=[[The Herald-Palladium]] |date=2012-01-26 |access-date=2011-01-27 }}</ref> |
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==References== |
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{{Reflist}} |
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== External links == |
== External links == |
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*[http://www.savejeanklockpark.org/files/Klock_Deed.pdf Deed conveying the park to the City of Benton Harbor] |
*[http://www.savejeanklockpark.org/files/Klock_Deed.pdf Deed conveying the park to the City of Benton Harbor] |
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*[http://harborshoreslife.com/ Harbor Shores website] |
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{{Coord|42.1255949|-86.4716899|display=title}}<!-- from GNIS ID#629225, first set --> |
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{{coord missing|Michigan}} |
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[[Category:Parks in Michigan]] |
[[Category:Parks in Michigan]] |
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[[Category:Protected areas of Berrien County, Michigan]] |
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[[Category:Benton Harbor, Michigan]] |
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[[Category:Lake Michigan]] |
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Latest revision as of 12:54, 28 August 2024
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Jean Klock Park is a historic city park along Lake Michigan in Benton Harbor, Michigan, United States. In 1917, John Nellis Klock and his wife, Carrie, bought a significant stretch of lakeshore including tall dunes and 2,950 feet (900 m) of shoreline from E. K. Warren, donor of Warren Dunes, and deeded the land to the city of Benton Harbor. They gave the land in memory of their daughter, Jean, who died in early childhood. The Klock deed stipulates that the property be used for bathing beach, park purposes, or other public purposes. At the park dedication, Klock stated,
"In taking an inventory of life, we all take stock of the circumstances surrounding the happiest moments. The giving of this park to the city of Benton Harbor has been to Mrs. Klock and myself, the happiest moment of our lives. The deed of this park in the courthouse of St. Joseph will live forever. Perhaps some of you do not own a foot of ground, remember then, that this is your park, it belongs to you. Perhaps some of you have no piano or phonograph, the roll of the water murmuring in calm, roaring in storm, is your music, your piano and music box. The beach is yours, the drive is yours, the dunes are yours, all yours. It is not so much a gift from my wife and myself, it’s a gift from a little child. See to it that the park is the children's.”
The park's center has been converted to three holes of a championship golf course (The Golf Club at Harbor Shores, part of the Harbor Shores development). The course is privately owned with daily usage available to anyone for $150.00 per round. Residents of Benton Harbor can play for about $40.00 per round, as can all residents of Berrien County.[1]
Development vs. Preservation
[edit]Jean Klock Park is one of the oldest public parks in the state of Michigan and predates the formation of Michigan's state parks, which occurred in the early 1920s. In 1952 the city of Benton Harbor purchased an adjoining parcel of land along the northern border of the park to be added to the park acreage. Mr. Klock had tried for years with no success to buy it himself, but his death in 1938 and then World War II deferred the long-sought acquisition. The addition extended the beach shoreline by 300 feet (91 m).
In 1990 the city commissioned a master plan for Jean Klock Park, funded by a Coastal Zone Management Program grant, and the report concluded:
"Two general areas comprising the majority of the site are particularly sensitive to human impact. The sand dunes and the wetlands on this property are of a level of quality that they require protection from over-use. Their importance as a resource cannot be overestimated."[2]
The golf course development is extremely controversial. Taking one side of the controversy, the Michigan Messenger (December 21, 2009) stated that the golf course development has severely damaged the natural resource values on the park property.[3]
On the other side of the debate, are advocates for a luxury housing development, which would be centered around an 18-hole championship golf course designed by Jack Nicklaus. They depict the plan as transformative of the entire area surrounding Benton Harbor.[4]
Until recent years, Jean Klock Park was considered untouchable for commercial development. In 1986, the city sought to add the eastern part of Jean Klock Park, excluding the dunes, to a Downtown Development Authority (DDA), but protests from residents who were enraged by the city's disregard for the Klock deed restrictions and community understanding of acceptable uses for the park influenced the Michigan Attorney General's office to issue an opinion that stated that land not contiguous to a city's downtown area could not be incorporated into a DDA.[5]
In 2003, the city announced that, because of financial difficulties, Benton Harbor would sell an under-utilized portion of Jean Klock Park to Grand Boulevard Renaissance, LLC, which intended to construct a residential development on the property. The residents of Benton Harbor filed a lawsuit challenging the city's right to convey the property, asserting that such a conveyance violated the park's deed's covenants and restrictions. The case was settled, and the parties agreed to a consent judgment that allowed the sale of a portion of Jean Klock Park to the private developer in exchange for an injunction against further privatization or conversion of the park. The consent judgment stated that Jean Klock Park shall not be used “for any purpose other than a bathing beach, park purposes, or other public purpose related to bathing beach or park use; provided, however, that there shall be no recreational vehicle park campsites...The restrictions in this paragraph shall run with the land and shall be binding upon the City and its successors.”[6]
In July 2005, the city and Harbor Shores Community Redevelopment Corporation announced that they wished to use a portion of Jean Klock Park for a golf course that would be part of a privately owned mixed-use development consisting of commercial and retail buildings, residences, the golf course, a marina, and other recreational uses. The project would use twenty-two acres of park land for three holes of an 18-hole Jack Nicklaus championship golf course. The city would lease the necessary land to Harbor Shores for a period of up to 105 years.[6]
On July 8, 2008, two plaintiffs in the 2003 litigation filed another lawsuit, claiming that a privately owned and operated golf course violates the previous consent judgement, seeking enforcement of the restrictions in the deed and the consent judgment. The plaintiffs argued that the consent judgment's intent was to require that the Jean Klock Park continue to be used for passive recreational use – the same way it had been used since 1917. Harbor Shores and the city responded with motions citing very expansive uses to which public parks in Michigan have been subjected, including runways and nuclear reactors. A golf course is a park purpose, the judge ruled, or certainly a public purpose related to a park use. The Berrien County Circuit Court further held that, because the city itself is empowered to use the park land as a golf course, the deed and consent judgment are not violated if the city leases the land to another party to do the same thing.[6]
The plaintiffs immediately appealed the circuit court decision. The Appeals Court denied the appeal, affirming the lower court's ruling. A petition to appeal the decision was sent to the Michigan Supreme Court, but was declined.[7]
Ongoing Litigation
[edit]Seven other people filed a federal lawsuit against the City of Benton Harbor, the National Park Service, the United States Army Corps of Engineers, and the Advisory Council on Historic Preservation.
Golf course construction on the park site required permits from the Corps of Engineers and the State of Michigan, as well as permission from the National Park Service. The golf course development covers over 500 acres (2.0 km2) and adjoins federally regulated wetlands, two rivers and Lake Michigan, all regulated waters of the United States.
On January 25, 2012, the United States Court of Appeals for the Sixth Circuit in Julie Weiss v. Secretary of the U.S. Department of the Interior (Western District of Michigan), an appeal from Julie Weiss and other concerned citizens to stop the development project, found most of the plaintiffs' claims to be debatable.[8][9]
References
[edit]- ^ Warm Weather Gives Harbor Shores Early Start, www.scribd.com
- ^ Jean Klock Park Master Plan, 1990, Coastal Zone Management Grant, www.scribd.com
- ^ "The Michigan Messenger on the controversial golf course development of Jean Klock Park". Archived from the original on 2010-02-26. Retrieved 2010-05-07.
- ^ Harbor Shores Golf Club to Transform Southwest Michigan, www.scribd.com
- ^ JKP Added to Downtown Development Authority, 1986, www.scribd.com
- ^ a b c "Michigan Supreme Court Order, 2003 Jean Klock Park litigation". Archived from the original on 2011-04-03. Retrieved 2011-02-07.
- ^ Michigan Supreme Court Order, Jean Klock Park, 02 05 2011, www.scribd.com
- ^ Docket No. 10-1313, United States Court of Appeals for the Sixth Circuit, January 25, 2012
- ^ Genellie, Kate (2012-01-26). "Another Victory in Federal Court for Harbor Shores Development" (fee required). The Herald-Palladium. Retrieved 2011-01-27.