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Board authorizes attorney to seek declaratory judgment in yacht‑club parking dispute
Summary
The board authorized its attorney to file a declaratory-judgment complaint to resolve whether the yacht club has exclusive rights to 'Exhibit B' parking; the attorney also described an outreach request from an attorney representing the Saling School about the slip license agreement.
The Michigan City Port Authority board voted July 6 to authorize the board attorney to file a declaratory‑judgment complaint to resolve a dispute over whether the yacht club has exclusive rights to the parking described as "Exhibit B." The board attorney said the yacht club's attorney asserts exclusive control over that parking area while the lease language does not reflect exclusive rights.
Board attorney (speaking at the meeting) said he had received an email from attorney Barry McDonald representing the Saling School requesting an informal meeting to discuss the proposed slip license agreement and invoice. He said the school had questions about whether the slip license agreement adequately addressed the school's needs.
On the yacht‑club parking issue, the attorney said the club's position is that Exhibit B is covered by the lease and subject to exclusive control, but the attorney for the port believes the lease does not confer exclusive parking rights. "I think the only solution here is to bring a declaratory judgment action, and let the court decide which party is right," the board attorney told the board during his report.
A board member moved to authorize the board attorney to file a complaint for a declaratory judgment; the motion was seconded and approved by voice vote. The transcript records the motion, a second, and the board chair calling for a vote; members responded with ayes. The meeting record does not provide a roll-call tally in the transcript.
The attorney said he would coordinate an informal meeting with representatives of the Saling School and suggested one or two board members and the harbor master attend to discuss the school's concerns about the slip license agreement before or in parallel with any litigation steps.
The board's action authorizes the attorney to prepare and file a complaint; it does not itself alter lease terms or parking access. Any declaratory-judgment filing would proceed through the courts and could be subject to additional board direction or settlement talks.
