Times Advocate, 1998-08-12, Page 3�1V1 111!. NII A
l(llle'• "1,1i'rl(ul(•. /ltwitsl 12, 19y8
Page .3
Beach front property owners stake claim
North Shoreline
By Katherine Harding
• j' -A Re'purtet
GRAND BEND - Close on the
heels of the Archie Gibbs saga, an-
other beach claini dispute .may be
brewing in Grand Bend. .
' The contentious isue is around a
sign marked 'Private Beach' put up
by. members of the N --t• . Shoreline
• Property Own •, • ts,,lcialion
(NSPO)• The ass. ,.I-,nt • 1• Com:
prised of...six pl.l },;,, ,wne•, who
• Own beach front pi.perty on -the
. northern shore of Shoreline Drive. •
Land owner and NSPO member
• Frank Butterworth said the sign was
put -up .last year because • verbal
warnings that the beach was private
. wasn't working.
"We hcconte so inundated with
people using our Keach we couldn't
even walk out of our own steps." he
said.
• ' Butterworth said public misuse
tit the beach was a(s(i becoming a
incident.. He say.. he was getting
. -tired of .always picking up. litter
.whirl has included condoms. beer
bottles and even a crack pipe. _
'.People lake using our beach he -
cause it is' pnvate-.and they. can
• drink'on it,". he said. "However, if
someone gets hurl .on niv property
because -it's private 1 -could he li-
able. • .
•
For • Butterworth the: difference'
• between their land claim and Ar-
e- hie
r-clueGibbs .and the• case in {p;
• perwash is that their titles are "un-
disputed." •
-
"Out title, arc to the '.waters
edge," he said. "1 own to the waters
edge and there are no indentures oh
the deed that includes whethcr-pco-
ple can use n.': . •
• "I pay huge taxes here. Ail isn't
tau." he said.. '
Butterworth'.said the Majority of
' NSPO membersare new property..
owners vho've had to pay premium
prices .. for their'„ property ac-
companied by• elevating taxes.
Southeoft Pines resident Bert
-Pullen thinks the sign -is "mean spn -
lted and -selfish at the very least." •
"These -.people' are taking the
.wrong approach," he 'said. "1 don't
.understand their rationale." :
"People .come up here with their
' families' and :this .beach has tradi-
tionally been- a nice place to go:"
Pullen , said "i-owever, • then at --
-
t-- titude is ,'we "got to get .these peas -
ants butof here'."
Pullen. says the public has been
using the beach for decades and that
a right of .use has been established
and the village should get involved.
Grand. Bend resident - Shirley
Raith think -S. Grand Bend should
•
tiepin_ too,. and she attended last
• Tuesday's -council meeting- to tell
' , then), . •
"What is happentng,,dowu'thcre
I!' upsetting to say the: least." said
Ranh who told council her family
has been using the beach since the
•$Q>:' •
1 don't want to see what hap -
Pined on main beach happen -on,
-this - beach." she said. "We
shouldn't .close our eyes and hope
tili.gues away." -
.• "('tit waiting to see some kihd,of
action on •this before we- lose that
beach;"' she said Raith suggested.
council investigate the , property
owners' deeds. • .
Mayor -Cam Ivey told Raaih the
_ village does not claim access to this
• beach but ,the right, of use has al-
ways been applied.
COUit. Bob Mann toll council he
has been approached by a "sizable
portion of Grand Bend residents"
whp want something •done otv this
issue.
"l,.et's go back to the- Gibb dc-
cisiun 'ane{ look for direction," he
said. •
On December 20, -1989, Park -
hill's. Archie Gibbs.' became owner-
of
wnerof Grand Bend's most popular
beach at the end of Minn Street.
However, an appeal in 3995 le-
' gaily recognized the public's "right
to use" making it clear that al-
though Gibbs owned the 300 metres
of beach between the bottom of
Main Street and the,pier, the beach
must remain open to public use.
Eventually Gibbs was awarded
compensation by the province and
last November he sold the beach to
the village. ,
Fur Butterworth, though, "a deed
isa deed."
"i bought this property in good
faith," he said.
Property Owners Association want beach- private
Beach Water Quality
Hbtline
482-3416,*501,
Huron County }ieaith Unit
He said ti anyone want, til :un•
test their dscyls "the Initiaut e has to
be taken".by the province orr-a pn
vate citizen."' •
"The province Issued the title.
nut Grand Bend and .itthe province
wants to amend my litle it has to be
done in a court of lass.," he said •
-
• Butterworth does not think their
clam) would ever go that tar hut
said that it public access Kas ever•
decided by the court he would like
either compensation .in his taxes
lowered, in exchange fur use oI his
land. - .. . .
"We -are going to -stand ' our
ground." -he- said,• ' . • .
This is the second summer the
'Sign has been posted (last summer
a was vandalized). •
Butterworth said to a -targe extern
is has been obeyed this teal and
"ntost people. are good about tt
:'I don't -like signs bur how do
you tell the average tourist that this
is my backyard without using a
sign"" he. said.. "We aren't keeping
people 7)ff iii a total sense because,
it can "still be used as a thorough-
fare."
Bunerwonh:•say, neighbors :are
still welcomed to.use his pan of the
beach if.they ask permission. •
`"It at least•gives me some control
over my property,'"he said. • •
•Staff Sergeant Charlie Bowman
N{0 LO11'EOING'
MAY eT U*ED A8 A
THOROUGHFARE
- -- naanrt.c-�
A- clear message. Beach front property oivnev s ir, Ifo, 1 ,tht
Road south beach area. posted a" sign to .ware: people tlr(r
beach -is private.
at the (irani1 Bend"OPI'detachment
• -says police have responded to tate
incident at thI • beach %cite) pi irplr
would not leave alter beine aske11
to by a property owner...
Bowman- say, Mien police .11
rived •the people ,agreed lu lea%'.
peaces 11th -•
• He says he Will he talking' to the
Cru'.v n attorney- about the-legaltt'. • til •_
the sign and _Mc appropriate a," Lion
pollee should be taking • •
In the. meantime, Buwniau s.ti.1 1t
p,IiLt• ate called11111.1• the. h,a(•!I
-ag.tin they '.till as1,-1" le;KI I i,• Ia„1
erIy 0%,.. nes s• (Iced :out app!'.•1a1ar. -
a: Uoh „111 hs taken •
rlt,p:1„Ili!'
Lott tt etelclltit
.'said • .
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