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| Garret Ellison | gellison@mlive.com |
GRAYLING, MI - A judge questioned the use of public property for a private fish farm on the East Branch of the Au Sable River.
Anglers of the Au Sable River filed a lawsuit against Harrietta Hills Fish Farm - which operates an old state fish hatchery - alleging that it pollutes the downstream fishery with fish waste and uneaten food.
Crawford County Circuit Judge George Mertz said that Anglers of the Au Sable River has no legal standing to challenge alleged violations of public-use restrictions and deed restrictions. Only the state has the right to sue - not a private citizen or group.
But, he said: "This Court would find that there is no question of fact that the operation of a private commercial fish farm clearly violates the statute and the deed restrictions. ... (I)t is clear that the intent of the state in granting the property to the County was that it remain open and used for the benefit of the general public for recreating, fishing, and historical purposes.
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