Public Beaches

In a case that put the legality of a cherished tradition to the test, the court on Friday unanimously sided with Joan M. Glass, an Alcona County woman who sued a neighbor over access to the Lake Huron waterfront.

But the justices sharply disagreed over the boundary of the area open for public walking and the legal principles under which that access is granted.

A five-member majority held that the public can wander anywhere between the water's edge and the ordinary high water mark — the spot on the shore where continuous water action leaves a distinctive mark.

Two other justices argued that walkers have a right only to the water and wet sand immediately beside it.

The Supreme Court overturned a ruling by the Michigan Court of Appeals, which said the state owns land below the high water mark but owners of adjacent riparian property have exclusive use of it and can kick others out.

"It's a tremendous victory for the public interest and for Michigan's economy, much of which is based on tourism and access to Great Lakes beaches," said Keith Schneider, deputy director of the Michigan Land Use Institute.

The case drew attention from groups representing property owners, businesses, environmentalists and outdoor enthusiasts, who filed briefs. It doesn't affect public beaches, but 70 percent of shoreline in the state is privately owned, according to the Surfrider Foundation, a nonprofit environmental group.

The debate was triggered in part by a sharp decline in Great Lakes water levels in the late 1990s. The dropoff exposed sometimes wide areas of previously submerged bottomlands, raising the question of who owned them.

"The bottom line is there's this stretch the public has the right to use," said Pamela Burt, attorney for Glass.