Island Council Sends Webster Property Issue to Court
By Karen Gould

The City of Mackinac Island wants to force Len and Sue Webster to restore their Hubbard's Annex Park Street lot. The fenced-off foundation has been left unfinished for seven years, drawing safety and health concerns from neighbors.

The City of Mackinac Island is suing Len and Sue Webster to force them to comply with a city order to restore their Hubbard's Annex lot, which has drawn complaints from neighbors since a foundation for a new house was dug in 1999. The Websters failed to meet an April 15 deadline to assure the city they would complete the project.

Mayor Margaret Doud told the City Council Wednesday, April 25, she had directed city attorney Tom Evashevski to proceed with legal action In the suit filed, the city asks the Circuit Court to order a remedy that would abate the conditions of the property and that the costs to do so be paid by the Websters.

After years of failed promises to move forward with construction or to restore the site to its natural state, city leaders say they have run out of patience.

"This has been going on seven years now," said Mayor Doud. "It's been going on way too long."

In the suit filed by the city, it contends that the condition of the Webster property has caused a "substantial diminution in value of other properties in the neighborhood," and that conditions on the property constitute blight and a public nuisance.

According to court documents filed by the city, the couple began excavating for a foundation on their Park Street lot in 1999 and then stopped the work. Following complaints by neighbors in 2003 that the open foundation was a safety and health hazard, the Websters erected a fence around the foundation, at the city's request. Neighbors also had complained about the pile of excavated dirt that sat at the street side of the lot. Over the years, the mound has become covered with weeds.

In the latest round of discussions between the city and the Websters, an April 15 deadline was set by the city requiring the Websters to provide a $300,000 performance bond and to comply with both Mr. Evashevski's and building inspector Dennis Dombroski's requests for current construction plans and a building schedule. A new building permit also was required by the city. Three previous building permits had expired, following years of assurances by the Websters that construction would move forward.

Ten days after the deadline, in a letter to Council, the Websters said they could not meet the city's requests until Mr. Dombroski reviewed the house plans they submitted years ago and informed them of any code requirements.

"We need to have those plans that have been sent to the building inspector reviewed and noted as to what changes are needed to bring them up to current building code," wrote the Websters. "Once that is done, we can take them to the contractor for a final bid and to the bank for a loan commitment."

In their letter, the couple also said they could not meet the performance bond, since all of their "investment dollars" were tied up in their company. They did offer the city stock in their company as bond security, which the city rejected last fall when it first requested the performance bond.

The bond was designed to protect the city in case the Websters do not complete construction of their house.

When the Websters were unable to meet the funding requirements, the city decided to file a lawsuit based on the Island's blight ordinance. Before the suit was filed, the Websters sought to work with the city. The city agreed and set the April 15 deadline for construction plans and a building permit.

"We're now well beyond the issue of whether it is blight or not," said Mr. Evashevski at Wednesday's meeting. "It's basically now to the remedy stage with the court, what remedy the court thinks is appropriate."

The case has been filed with Circuit Court Judge Charles Stark. Acourt date has not been set.