Appeals Court Sides With Kalamazoo County in Cottage Eminent Domain Case at Prairie View Park

SCHOOLCRAFT TOWNSHIP, Mich. -- A state appeals court has confirmed that Kalamazoo County can take control of a privately owned lakeside cottage in the middle of Prairie View Park near Vicksburg through eminent domain, bringing a long and contentious legal fight to a close.

The Sept. 11 decision by the Michigan Court of Appeals upheld a 2023 circuit court ruling that found the county had proven the property would be used for a public purpose, making it eligible to be taken under the county's eminent domain authority.

A Family Legacy Dating to 1949

The cottage and the one-third-acre parcel it sits on on Gourdneck Lake have been in the Talanda and Johnson families since 1949, 14 years before Prairie View Park opened in 1963. The property, with 142 feet of lakefront shoreline, is surrounded by more than 200 acres of county-owned parkland.

In the 1960s, the original cottage owners entered into a legal agreement with the county. The families say they made a deal to retain the cottage and pass it down through generations. The county's position is that the document granted it the right of first refusal to purchase the land at fair market value after the original owners passed away.

The last living original owner, Edmund Talanda Sr., died in 2019, which the county says triggered its right to claim the property.

A Yearslong Legal Battle

The dispute has played out in courts over more than five years, with both sides winning at various stages.

The families first sued the county in 2017 and again in 2019, winning both cases in Kalamazoo County Circuit Court. The second ruling found that the county had repeatedly violated the Open Meetings Act in its effort to condemn the land.

In 2022, a settlement was reached, and the families said the county had agreed to continue its 60-year coexistence with the cottage's owners. A new Board of Commissioners at the time had told the owners they were against condemnation, offering what the families described as a potential end to the legal fees.

But the dispute was not fully resolved. In March 2022, the county commission voted to pay the family more than $300,000 for the lakefront property, an offer the families declined.

The county then moved forward with a condemnation action. A 2023 circuit court judge ruled in favor of the county, finding that the property would be used for a public purpose.

In 2024, the families took the case to the Court of Appeals. The Sept. 11, 2026, decision affirmed the lower court's ruling.

Family and Neighbors Objected

Throughout the legal battle, family members and local residents voiced strong opposition to the county's efforts to take the property.

"My grandma and grandpa, may they rest in peace, never would have wanted this to happen," Chad Hetter, a cottage owner, told reporters at a March 2026 commissioners meeting.

Joyce McClish, another cottage owner, said: "We own it. We've paid for it. We've maintained it. It's ours."

Neighbors around Gourdneck Lake also spoke out against the county's plans. Gourdneck Lake resident Chris Hunt said, "Think about what you're doing. You're taking away a family's legacy."

The Gourdneck Lake Association and surrounding residents told commissioners they believed the family has always been peaceful and quiet on the property.

What Happens Next

The appeals court decision means the county can proceed with taking the cottage through eminent domain. The county has argued that the land and cottage would be made available for public use as part of Prairie View Park.

The families, represented by the law firm Levine and Levine, have been fighting the county's efforts to claim the property. Managing Partner Randall Levine had previously argued that the county "has not been able to prove need for the property, which is the very essence of the Condemnation Act."

The county's lawyers had previously agreed to dismiss their complaint and pay $55,000 in legal fees incurred by the families during one phase of the litigation, but the case continued through the appeals process.

The decision marks the end of a legal fight that has spanned more than seven years and consumed significant legal resources on both sides. The county is expected to work with the families on the terms of the property transfer.