Historical Legal Matters

HLPOA’s Legacy of Protecting Riparian Rights & Property Owners

For decades, the Higgins Lake Property Owners Association (HLPOA) has taken legal action when necessary to protect riparian rights, ensure lawful governance, and defend the long-term interests of Higgins Lake property owners.

1989 – 1993

Jacobs v. Lyon Township

Issue: Scope of public use at road ends terminating at Higgins Lake.

Outcome: The Michigan Court of Appeals held that public road ends provide access to the water, but do not grant expanded rights such as permanent mooring, installation of docks or hoists, lounging, or shoreline occupation beyond access.

Impact: Established foundational precedent clarifying that road-end dedications allow access only, not expanded recreational or private use.

1990 – 2003

Higgins Lake Property Owners Ass'n v. Gerrish Township

Issue: Use of subdivision road ends for extended mooring and shore activities.

Outcome: The Michigan Court of Appeals reaffirmed the principles established in Jacobs, ruling that road-end use must be limited to access and temporary mooring incidental to navigation.

The Michigan Supreme Court declined to hear further appeal, making the decision final.

Impact:

Reinforced limitations on expanded road-end use
Protected adjacent riparian property owners
Confirmed binding precedent for Higgins Lake

2003

HLPOA Standing Recognized

In the above litigation, the Court formally recognized that HLPOA has legal standing to sue on behalf of its members.

Impact:

Confirmed HLPOA’s authority to represent lakefront property owners collectively
Strengthened HLPOA’s ability to pursue legal remedies when necessary

2010 - 2022

Public Act 56 & Road-End Protections

HLPOA supported and monitored legal developments related to Public Act 56, which addresses road-end docking and public access regulation.

Impact:

Clarified limits on dock placement at road ends
Strengthened protections for riparian property owners statewide

2023 – Present

Higgins Lake Special Assessment District (SAD) Litigation

Issue: Creation and implementation of the Higgins Lake Special Assessment District for lake level management.

Legal Questions Include:

Whether statutory requirements were satisfied when forming the district
Whether assessments are proportional and legally justified
Whether due process standards were met

Status: Ongoing litigation as of early 2026.

Impact:

Could clarify limits on special assessment districts
Affects lakefront property owners directly
Reinforces HLPOA’s role as the only Higgins Lake organization structured to pursue legal remedies

1989 – 1993

Jacobs v. Lyon Township

Issue: Scope of public use at road ends terminating at Higgins Lake.

Impact: Established foundational precedent clarifying that road-end dedications allow access only, not expanded recreational or private use.

1990 – 2003

Higgins Lake Property Owners Ass'n v. Gerrish Township

Issue: Use of subdivision road ends for extended mooring and shore activities.

Outcome: The Michigan Court of Appeals reaffirmed the principles established in Jacobs, ruling that road-end use must be limited to access and temporary mooring incidental to navigation.

The Michigan Supreme Court declined to hear further appeal, making the decision final.

Impact:

Reinforced limitations on expanded road-end use
Protected adjacent riparian property owners
Confirmed binding precedent for Higgins Lake

2003

HLPOA Standing Recognized

In the above litigation, the Court formally recognized that HLPOA has legal standing to sue on behalf of its members.

Impact:

Confirmed HLPOA’s authority to represent lakefront property owners collectively
Strengthened HLPOA’s ability to pursue legal remedies when necessary

2010 - 2022

Public Act 56 & Road-End Protections

HLPOA supported and monitored legal developments related to Public Act 56, which addresses road-end docking and public access regulation.

Impact:

Clarified limits on dock placement at road ends
Strengthened protections for riparian property owners statewide

2023 – Present

Higgins Lake Special Assessment District (SAD) Litigation

Issue: Creation and implementation of the Higgins Lake Special Assessment District for lake level management.

Legal Questions Include:

Whether statutory requirements were satisfied when forming the district
Whether assessments are proportional and legally justified
Whether due process standards were met

Status: Ongoing litigation as of early 2026.

Impact:

Could clarify limits on special assessment districts
Affects lakefront property owners directly
Reinforces HLPOA’s role as the only Higgins Lake organization structured to pursue legal remedies

HLPOA’s legal involvement has:

Protected private riparian rights

Clarified lawful limits on public access

Established binding court precedent

Ensured that township and county actions comply with statutory requirements

Preserved Higgins Lake for current and future generations

HLPOA engages in legal action thoughtfully and only when necessary — but when property rights or lake governance are at stake, the Association has the structure and standing to act.

Learn more:

Marketable Record Title Act (MRTA)

Recent amendments may affect the enforceability of deed restrictions if they are not rerecorded every 40 years; the current deadline to file a Notice of Claim is September 29, 2025.

Higgins Lake Water Levels – Motion to Intervene

(2019) The Higgins Lake Property Owners Association and the Higgins Lake Land Conservancy jointly filed a Motion to Intervene in the Roscommon County Circuit Court to protect lake-related interests.

Senate Bill 1136 / Public Act 671

(2018) Established a statewide grant request process to fund the control, eradication, and prevention of Aquatic Invasive Species (AIS) in Michigan inland lakes and required the state to create an inland lake AIS control and eradication program; effective March 29, 2019.