ELR Citation: ELR 21180
No(s). s. 2:93-CV-65, -66 (W.D. Mich. Jan 25, 1994)

The court holds that an amendment to a U.S. Forest Service (Forest Service) land and resource management plan (LRMP) that prohibits the use of houseboats and sailboats and discourages the use of electric fish finders, boom boxes, and other mechanical devices on a lake that lies almost entirely within a wilderness area does not unreasonably infringe on the rights of riparian owners whose property lies outside the wilderness area. The court first holds that under the Michigan Wilderness Act, "valid existing rights" to which administration of the wilderness area is subject include the plaintiff's riparian rights. The court holds, however, that riparian rights are not absolute, but may be limited to reasonable use. The court next holds that the Property Clause of the U.S. Constitution gives Congress the power to regulate both federal property and private property in close proximity thereto if necessary to protect the federal property against interference with its designated purpose. The court holds that the amendment to the LRMP is consistent with the purposes of the Wilderness Act and authorized by the Property Clause. The court next holds that the federal government may exercise its riparian rights only to the extent reasonable in light of the other riparian owners' rights. Applying Michigan's "reasonable use" test, the court holds that the Forest Service's restrictions are reasonable. The LRMP does not affect the bay on which the owners' property is situated, the amendment does not interfere with the lake's natural state, there is no evidence that the banned sailboats and houseboats have ever been used, and the use of fish finders and boom boxes is merely discouraged. Moreover, the amendment furthers Congress' purpose in creating the wilderness area.

Counsel for Plaintiff
J. Bushnell Nielsen
Hinshaw & Culbertson
100 E. Wisconsin Ave., Ste. 2600, Milwaukee WI 53202
(414) 276-6464

Counsel for Defendants
Judd R. Spray, Ass't U.S. Attorney
U.S. Attorney's Office
P.O. Box 20, Marquette MI 49855
(906) 226-2500