State Supreme Court rejects FishPass appeal

Jordan Travis, The Record-Eagle, Traverse City, Mich.
·1 min read

Aug. 22—TRAVERSE CITY — Michigan's highest court declined to hear an appeal of a decision that would let Traverse City and the Great Lakes Fishery Commission build a project called FishPass.

Plans for the selective, two-way fish passage as a replacement for the Union Street Dam prompted city resident Rick Buckhalter to sue in 2020. He argued building the structure would amount to disposal of a city park and changing the parkland's use to one that didn't relate to parks. Both would require a citywide vote according to Traverse City charter.

Then-13th Circuit Court Judge Thomas Power agreed in 2021, placing the project on hold. Then in October 2022, three state Court of Appeals judges overturned Power's decision.

Buckhalter appealed, and on Tuesday the state Supreme Court declined to reconsider the ruling.

That clears the way for the project to move forward, although Buckhalter noted the price has no doubt increased from previous estimates exceeding $20 million.

City Attorney Lauren Trible-Laucht in a release called the state Supreme Court's decision a positive development.

"This decision affirms the city's choice to implement the project, which aims to replace the aging Union Street Dam, protecting the health and safety of downtown Traverse City, while also restoring and improving the ecological health of the waterways in the area," she said in the release.

Buckhalter, meanwhile, was disappointed after the thousands of hours of work he put into the legal challenge.

"It's unfortunate that politically connected people and organizations can come in and manhandle important city parks and properties and it's hard to fight them," he said.

Check Record-Eagle.com for updates to this developing story.