Johnson's Island Road Commission
The agreement and various other settlement agreements and court rulings leading up to creating the Operating Agreement are found below
Court Decisions Related to Property Owners
This is a brief summary of Trial Court and Court of Appeals decisions relating to the Common Law obligations of Johnson’s Island Property Owners to pay their proportionate share of road and causeway repair and maintenance expenses.
In a series of court cases in 2020 and 2021, the Ottawa County Trial Court and the Court of Appeals for the Sixth Appellate District for Ottawa County determined, and affirmed, that property owners on Johnson’s Island have a common law obligation to contribute to the maintenance and repair of Island roads and causeway; (ii) the Johnson’s Island Road Commission has undertaken appropriate and necessary repairs on the roads and causeway; (iii) it is equitable to define proportionate share of the expense as an equal share (1/300) for each property owner on Johnson’s Island; (iv) administrative costs of JIPOA and the Road Commission are approved as necessary costs of repairing and maintaining the roads; and (v) the very few property owners who have refused to pay their road fees have been “unjustly enriched” by their refusal to pay the invoices for causeway and road repairs and maintenance.
The broad effect of this decision is that there is now a final court precedent that property owners on Johnson’s Island have a common law obligation to contribute their proportionate share of the cost to maintain and repair Island roads and causeway, and the courts have concluded that it is fair and equitable to define proportionate share as an equal share for each property owner on the Island. The courts have also determined, after hearing extensive testimony, that the Road Commission has performed appropriate and necessary repairs on the roads and causeway.
Links to the Trial Court decision and the Court of Appeals decision are set forth below.
2020 Cianciola Decision
JIPOA vs Cianciola - Court of Appeals
Road Commission Operating Agreement
The JIRC Operating Agreement was a means of settling many long disputed issues on Johnsons Island. It gave every islander a voice, through representation on the commission, and legal obligation to fund the purposes intended and described within the agreement. The judgment entry by the court which contains the agreement and disposition of other related issues is provided in this document:
Manifold Ruling and Appeal
This governs the activities of the Road Commission regarding maintenance and construction on Gaydos drive up to and including the Toll Gate and park area. In summary, the Road Commission must receive permission to perform any maintenance or construction on this portion of Gaydos from the majority of lot owners of the Cold Harbor Subdivision.
BHOA VS JIPOA
This was the last chapter in a long running dispute regarding the operation of the toll booth and collection of fees from the Baycliffs developer and owners. The court upheld certain easements granting BHOA the right of toll-free access for their property on JI for their homeowners, guests and invitees. The court included in this ruling the language stating that “all property owners on JI” had an obligation to fund their proportionate share of the road related costs for the Causeway, Gaydos, Memorial and Confederate Drive. This ruling was the triggering point (we believe by the court’s intent) to get all groups on the island together to “fix” the situation regarding this long running, many-faceted dispute.
Metzker Settlement Agreement
Within JIPOA there have been disputes between and among certain residents of Bay Haven and Shiloh subdivisions and JIPOA regarding the nature and amount of contributions required to be paid by these residents to JIPOA. The court granted a number of these residents the legal status of “Non Member” though court action and ultimately a settlement agreement. This agreement dictates contribution levels and obligations to pay and is included here for understanding of its inclusion in the JIRC Operating Agreement by reference.
Metzker Interveners in RC Agreement
During the settlement discussions between BHOA and JIPOA after the ruling was made in BHOA VS JIPOA (above) a sub-group of the Metzker settlement group (commonly referred to as “the interveners”) intervened in the process and gained standing for the “non members” on the road commission.
Friends and Descendants
A large portion of the inland lands of JI were purchased by this group. They have an annual dues obligation to the Road Commission, which amended a prior agreement with JIPOA and BHOA.
Johnsons Island Investment Group
In 2006 a group of islanders purchased through sheriffs sale the interests of Baycliffs Corporation (The developer) on Johnson’s Island. This included a wide variety of fallow land on the interior of the island as well as the unbuilt portions of Baycliffs (the quarry area development). As it relates to the Operating Agreement, this included all Island roads, the submerged land lease the causeway sits on and the causeway improvements. This group is party to the Road Commission and its agreement is contained within the Road Commission Operating Agreement.