CAPTION: Photo courtesy of the DNR A barrier is shown along the route of a former railroad grade near Chassell. A ruling last Wednesday by Circuit Court Judge Garfield Hood denied a DNR request for an injunction to remove the barrier and refuted the DNR’s claim to ownership of the former rail corridor.

By DAN SCHNEIDER, DMG Writer

CHASSELL — Houghton County Circuit Court ruled last week on the ownership of stretch of railroad grade located near Chassell.

On May 5, 2006, the Michigan Department of Natural Resources had filed a lawsuit against Eric Leukuma, Naomi Leukuma, Matte Kiilunen and Mary Kiilunen, through whose property the rail grade runs, requesting the court affirm its claim to ownership of the grade. The DNR had plans to manage the former Marquette, Houghton and Ontonagon Railroad line as a recreational trail. In its suit, the DNR also sought a temporary injunction that would have forced the property owners to remove fences they erected across the grade.

On Wednesday, Judge Garfield Hood ruled in favor of the property owners, refuting the DNR’s ownership claim based on the text of an 1883 deed of conveyance, and denying the DNR’s request for an injunction.

The ruling means Kiilunens and Leukumas won the first battle over rights to the grade, but their attorney, Caroline Bridges, said the case is far from settled.

"It just hasn’t been determined what it means in the overall case yet but the DNR was attempting to bring the case to an early end," Bridges said. "That could have been either by having the judge decide they owned the property, or by getting this injunction."

Matte Kiilunen said whatever happens in the case will be decided in court.

"This thing was tried in court and any other legal ramifications from this case will be tried in court, not in the newspaper, period, that’s all I’ve got to say," Kiilunen said.

The question of the grade’s ownership focused on language in the 1883 deed of conveyance that gave the railroad company the right to build grade across the property. Hood ruled that document conveyed only right of way and not fee title, and therefore did not give the DNR ownership of the land.

The DNR had been waiting for the ruling before going forward with creating a management plan for a proposed multi-use trail to be called the Chassell to Houghton Recreation Corridor.

After a series of meetings in 2005, a citizens’ advisory committee had recommended the trail should be managed primarily for non-motorized use, but allow snowmobiles in the winter.

Jim Radabaugh, state trails coordinator for the DNR, said the DNR has not yet decided how it will respond to the ruling.

"The department is currently taking a look at the finding and reviewing it and discussing what our options are," Radabaugh said.



Dan Schneider can be reached at dschneider@mininggazette.com