9 & 10 News
Judge Rules TC FishPass Must Go to a Vote; Project Stopped
“I’m so happy we saved a city park, which is what this was all about. “ - Rick Buckhalter
April 29, 2021
The fate of the FishPass project is decided – and now the city of Traverse City has a decision to make.
Thursday a judge took up the issue of whether the issue must go to voters, or whether the city can move forward with plans at Union Street Dam Park. Construction was stopped just days before it was due to start in January with city resident Rick Buckhalter’s move to sue the city.
9 & 10 News
April 7, 2021
The Fish Pass project in Traverse City is back before a judge – with a new defendant asking to join in the lawsuit. And the latest update includes a change in strategy from the city: whether the site is even on city parkland after all.
The Great Lakes Fishery Commission wants to join in on the suit, brought forward by a Traverse City resident who is suing the city. Construction on the 20 million dollar project was put on hold as the court hears the arguments about whether FishPass should require approval of city voters.
Attorney Scott Howard represents the Great Lakes Fishery Commission. He says, “We aren’t asking for any new claims or extension of timelines… we would agree the case should move forward as it is scheduled and wouldn’t ask for any delay or changes to the court’s scheduling order.”
FishPass would be a testing ground for technology that’s designed to allow some fish species to pass upstream beyond the dam, while locking less desirable fish downstream. If successful, it could be a possible solution to the devastating impact of dams, which can decimate fish populations by blocking their access to rivers and streams. Proponents envision the project assisting fish recovery efforts globally, from Michigan waterways to the Mekong River in Vietnam.
“This milestone represents years of hard work from many dedicated partners,” City Manager Marty Colburn said in a statement. “We ask the community to be patient with our construction partners as this exciting project advances.”
9 & 10 News
FishPass Project Will Go to Trial, Construction Halted We were hoping to move forward with construction of FishPass several weeks ago.” - Marc Gaden, Great Lakes Fishery Commission
February 17, 2021
Construction of the $20 million FishPass project is on hold – and will be for months – now that the issue will go to trial.
FishPass construction was supposed to start in January. Now a judge says there’s enough evidence to argue it might need to go to a public vote.
Traverse City Resident Rick Buckhalter is behind the lawsuit, and says he feels “a lot of relief. It’s probably not over. I think the city is probably studying, along with the Great Lakes Fishery Commission, their options at this point.”
A judge halted the construction of the FishPass project at the Union Street Dam park in January. The delay will continue until a trial in May, or a public vote on the project.
Credit Lexi Krupp / IPR News
Construction on the nearly $20 million FishPass project in Traverse City is on hold until May, at the earliest.
That’s when a circuit court judge will hear a case about whether city residents need to vote on the plan to replace the Union Street Dam with a high-tech channel, where researchers could test how to sort fish swimming upriver.
The holdup is centered on the question of whether the project amounts to “disposal of parkland“ or changes outside of “park purposes.” In either case, city residents would need to approve the project by a 60 percent majority, under city charter rules.