Petoskey City Council has voted to prepare for trial rather than accept a settlement that could have ended public access to the Miracle Mile section of the Little Traverse Wheelway, a popular lakeside trail closed since a 2020 collapse.
The Petoskey City Council has decided to move forward with a trial in an ongoing legal dispute over public access to the Miracle Mile section of the Little Traverse Wheelway, a 26-mile trail along Lake Michigan. The council rejected a proposed settlement during a special meeting on Tuesday, following strong public support for keeping the trail open to the community.
The legal battle centers on a damaged portion of the trail that collapsed in 2020 and has remained closed since. Property owners Gustav and Courtney Lo, who own land along the affected section, sued the city last August, seeking repairs to prevent further damage to their property and requesting the city release public easements on their land.
Council Decision and Community Response
The most recent settlement proposal would have given Petoskey six years to secure funding and permits to begin repairs. If the city failed to meet those terms, public access to the trail on the Lo's property would have ended. After reviewing the agreement and hearing from residents, councilmembers opted to reject the deal and instead prepare for trial, believing the city is likely to prevail based on the terms of the existing easement agreements.
During the meeting, community members urged the council to defend public access, emphasizing the trail's importance as one of the last free, accessible shoreline routes in the region. The Top of Michigan Trails Council pledged up to $20,000 to help cover the city's legal expenses, which are estimated at $100,000. Councilmember Joseph Nachtrab, whose ward includes the damaged trail, said public input and the city's legal position influenced his decision to support going to trial.
Legal and Financial Stakes
If Petoskey wins in court, the city would retain the right to keep the trail open to the public once repairs are completed. A loss could force the city to repair the trail on a court-mandated timeline or risk losing public access to a section that took decades to secure. Previous repair estimates have reached $20 million, though officials are exploring less costly solutions.
The lawsuit's discovery phase will continue through October 5, with dispositive motions due by October 29. Both parties are gathering evidence in preparation for trial. The outcome will determine whether the Miracle Mile section can eventually reopen for public use or if access will be permanently restricted.
Trail Background and Regional Impact
The Little Traverse Wheelway connects Charlevoix, Petoskey, and Harbor Springs, running through both public and private land via easement agreements. The Miracle Mile segment, which offers scenic views along Little Traverse Bay, has been closed since the 2020 collapse. Residents and local officials argue that maintaining continuous access is vital for recreation, tourism, and community connectivity.
Some attendees at the council meeting called for a broader regional effort to defend the trail, encouraging neighboring governments and organizations to support Petoskey's legal fight. The case highlights the challenges communities face in preserving public access to natural resources amid private property concerns and costly infrastructure repairs.
For readers interested in how local government decisions can shape community access and public resources, a recent Farmington Voice article examined the impact of state-level ballot proposals on Michigan voters, available here.
According to city officials, the next steps will depend on the court's timeline and the outcome of the trial. In the meantime, the city continues to seek funding and engineering solutions to restore the damaged trail section and preserve public access for future generations.
