HARRISON TWP., Mich. (WXYZ) — The Fresh Air Park subdivision in Harrison Township is suing its neighbors over who's responsible for fixing a road near a canal.
The easement near Elm Lane has completely eroded after the sea wall collapsed, and several hundred feet of the safety guardrail is underwater.
A lawsuit filed in Macomb County Circuit Court claims Pointe Rosa Subdivision failed to maintain the seawall, causing damage to the road and making it inaccessible to emergency and utility vehicles.
Pointe Rosa neighbors live on the other side of the private road and canal.
Tom Bagnasco has lived on Elm Lane for more than 20 years, he's worried about access to his home. Bagnasco says his neighbors across the canal are responsible.
"We just expect them to do what they should be doing and or the state, whoever is responsible." Bagnsaco added. "We don’t have any animosity towards our neighbors on the other side here."
Bagnasco said the easement has been neglected for years.
"I think it’s putting a lot of families in danger," he said.
We invited Harrison Township supervisor Ken Verkest to come out and look at the damage.
At the scene, Verkest said four decades ago, in 1975, a judge ruled the sea wall and 5-foot easement was the responsibility of Pointe Rosa homeowners who live across the canal.
"In this case, the State of Michigan owns that 5 ft piece which just clouds the discussion because maybe the state has to do it," Verkest said. "Well, we all want the government to kick in. But we know from prior rulings that that wall is determine to be maintained by this neighbor [Pointe Rosa]."
A neighbor said the estimate to fix the issue would cost $250,000 to fix the sea wall, easement and road.
We reached out to the attorney for pointe rosa subdivision -- we have not heard back.
The two groups have plans to talk soon.
