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Last changed:
03/17/24
There are three main legal consideration pertaining to the cull.
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The potential consequences to the ownership of Cartier Park
Read it here. This is a copy of the
deed transferring the property to the city. The following is the language to
look at in the deed that could cause the city to lose ownership of the park.
("APPURTENANCES thereunto belonging to or in anywise appertaining under the
following contained agreements. The said SECOND PARTY to use above described
lands for PARK PURPOSES only. If at any time the above described lands or
any part of them are used for any other purpose or purposes, the land to
revert IPSO-FACTO to the said PARTIES of the FIRST PART or their HEIRS,
EXECUTORS or ADMINISTRATORS").
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The state law restricting hunting and the use of firearms within
450 feet of a residence. "NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994 - (7) An individual shall not hunt with a firearm within 150
yards of an occupied building, dwelling, house, residence, or cabin, or any
barn or other building used in connection with a farm operation, without
obtaining the written permission of the owner, renter, or occupant of the
property". The DNR gets around this law by
claiming a cull is not hunting. This is absurd and Senator Curt VanderWall
is looking into the legitimacy of this.
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The state law prohibiting a municipality from spend money outside
of their boundaries.
Read it here
The city of Ludington is taking the position that this law does not
apply because the money being spent is from The American Rescue Plan. The
law does not exempt the city's responsibility to follow the law because of
the source of the funds being distributed. This is an intentional violation
of state law and will not hold up under scrutiny by the courts.
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To view the Ludington city limit boundaries
click here to view a map that can be expanded for street views
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Developing Cartier Park into a deer viewing area could help to
alleviate deer wandering into the city because of the abundance of feed in
the park. Rules in the Wildlife
Conservation Order may make this possible.
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