New Buffalo Shoreline Alliance seeking more plaintiffs in fight against United States for ‘unjust taking of shoreline property’

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New Buffalo Times

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New Buffalo Shoreline Alliance seeking more plaintiffs in fight against United States for ‘unjust taking of shoreline property’

Members of the New Buffalo Shoreline Alliance (NBSA) said they continue to seek plaintiffs in their lawsuit against the United States for unjust taking of shoreline property at a membership meeting at New Buffalo Township Library Saturday, June 4.

NBSA was formed in 2014 by Ed Oldis after a Halloween storm that took out a house next to him and at end of NBSA President Ted Grzywacz's block and officially became a 501(c)(3) in 2015.

During that time, Grzywacz said, “countless, countless” hours were spent talking to state and federal officials, the Army Corps – “everyone all the way up to the deputy secretary of the army” – and all have said there’s a problem regarding the loss of sand at the beaches and damages south of the New Buffalo breakwater but “the official answer has been we have no money.”

Late in 2019, the NBSA began to investigate the potential of a lawsuit; however, attorneys came back and said it would cost them “nothing less than $2 million” and would take 20 years.

In 2019, the NBSA ran into a lawyer who’d taken over a similar case in Stevensville. “After some discussion, with protection on legal fees, we decided the best thing to do was to file suit,” he said.

According to a press release, more than 70 landowners in the towns of New Buffalo and Grand Beach, including residents of the Dunewood Condominiums, Sunset Shores, Warwick Shores, Forest Beach Estates, and Forest Beach Villas have filed a lawsuit against the United States government under the caption Thaddeus

BY FRANCESCA SAGALA E Grzywacz, et al. vs. The United States of America in January.

Grzywacz added that since then, there’ve been “two requests for a continuance by the DOJ.”

While he said he’s bound by attorney client privilege and can currently only speak to those who are plaintiffs, Grzywacz did say that there has been “favorable momentum on the part of the DOJ.”

Grzywacz said they’re still looking for support, adding that they’re about 75% of the way of meeting their need for the lawsuit and that they “feel comfortable that we’ll get it.”

The NBSA connected with a law firm in Chicago, O’Hagan and Meyer, that’s handling the suit, which has capped the cost at $400,000. Grzywacz said the NBSA is short about $110 or $125 that amount now “depending on what extra costs there are.”

The lawsuit claims the construction of the New Buffalo Harbor by the Army Corps of Engineers caused considerable erosion to the southern shoreline of Lake Michigan resulting in significant damages and an unjust taking of the landowner’s property. The landowners seek compensation for the lost property and intend to use proceeds of the lawsuit to nourish and restore beaches and protect against further erosion to the Lake Michigan Shoreline.

Grzywacz said the money will be put into a trust to help pay the cost for replenishment of the sand on the beaches as well as wave attenuation devices, which are the equivalent of modified offshore breakwaters, with NBSA Secretary Ron Watson saying they’d go with underwater breakwaters.

At this time, only lakefront owners can join the suit. Grzywacz that, if you take out Grand Beach, they’re at about 75% of their need for the lawsuit. There are 72 lakefront owners in Grand Beach and they’re at 50% participation right now.

Watson said that Grzywacz is currently speaking with legal teams on if those who have deeded beach rights also can join the suit, which would create more damages.

It’s hoped that the Village of Grand Beach will also become a plaintiff.

Grand Beach Boulevard is owned by the village, which entitles residents to use that piece of the beach; however, the boulevard is currently underwater.

“So that’s why we’re chasing the village to become a plaintiff because they technically have lost that property,” Grzywacz said, adding that NBSA would “get damages if they joined the lawsuit.”

Ameeting has been set for June 9 with Grand Beach Village Council President Deborah Lindley and councilmember and beach and parks commissioner Pete Doerr, as well as the village’s and NBSA’s attorneys, with Watson saying that hopefully, the village will become plaintiffs after the meeting.

At their May meeting, the council approved a motion that stated that “subject to review and approval of the assignment agreement between the Village of Grand Beach and the NBSA, the Village of Grand Beach intends to join the lawsuit currently pending brought by the NBSA for the property owners that suffered the loss of property caused by the breakwater in New Buffalo, including the Village of Grand Beach.”