Following is an update on those and other lawsuits filed over the past year in Ottawa County Circuit Court.
Garage variance: Settled
Grand Haven Township v. Michael P. and Rebecca J. Risko
A settlement has been reached in a zoning violation case that has been in the courts since 2007.
Terry Trails homeowner Mike Risko confirmed that he had reached an agreement with the township that allowed them to settle.
Township Manager Bill Cargo declined to comment, instead referring any questions to the township attorney.
Although Risko said a confidentiality clause precludes him from discussing the settlement, the garage in question has not been torn down, “nor will it be torn down.”
Risko was denied a variance to build a garage on the side of his home in a critical dune area in Grand Haven Township. He had obtained a state permit for construction.
The Riskos appealed the decision and an Ottawa County Circuit Court judge ruled in their favor.
Grand Haven Township then appealed that decision, but the Riskos went ahead and built the house, despite being warned by township officials they might have to remove the garage at some point.
The Appellate Court reversed the local judge’s decision.
Risko filed an appeal with the Michigan Supreme Court, but that court declined to hear the case.
In 2010, the township filed an action in Ottawa County Circuit Court to have its zoning ordinance enforced.
That case was set to go to trial on Wednesday. The trial was adjourned when the parties reached an agreement.
Party house: Near settlement
North Shore Estates Association Inc. v. Tyler Smith, Tammy Heibel, Vincent Labozzetta and Cathy Labozzetta.
Accusations that a multi-million dollar home at the north end of North Shore Estates Road was being rented commercially as a party house was the basis for a lawsuit filed earlier this year in Ottawa County Circuit Court.
The lawsuit noted problems with increased traffic for the house, at 18501 North Shore Estates Road that is on the market for almost $5.5 million. It also noted trespassing, speeding, operating under the influence of alcohol and noise as additional problems emanating from the use of the home.
The lawsuit noted the use was in violation of the North Shore Estates Association bylaws.
Tyler Smith is the owner of the house. Tammy Heibel was listed as the rental agent.
A secondary part of the lawsuit targeted Vincent and Kathy Labozzetta, residents of a separate home on North Shore Estates Road, for parking vehicles on the paved portion of the road outside their home.
Court records indicate the following actions are pending:
— A motion to ask for a judgment against the parties, asking that they not be able to park vehicles on the paved portions of the road.
A hearing on that motion is set for Sept. 23.
— A stipulation and order of dismissal has also been filed regarding Smith and Heibel.
That order has yet to be considered and/or signed by a judge.
See the rest of the story in Monday's electronic or print editions of the Grand Haven Tribune.