A judge granted the temporary injunction Friday to remove the fence blocking public access to Benka Lake. The Brunzes, property owners on both sides of Lakeview Street, erected the fence with the understanding that the boat launch and that portion of the road was on their private property.
State documents show that Lakeview Street is a public road and was always meant to be a public access point to the lake. Two surveyors presented opposing interpretations of the ownership of the boat launch. The State’s surveyor claims the plats were ambiguous and that a judge would need to interpret the intent of the people who drafted the plat. The Brunz’ surveyor says the plats were defective, but not ambiguous.
Several residents testified at the injunction hearing on May 23, saying the lack of access has significantly impacted them. Some residents have been unable to get to their own property since the boat launch was their sole access.
The order granting injunctive relief says the State and the Friends of Benka Lake provided substantial evidence of irreparable harm. The order also says the lack of access for fish stocking and the fire department are also considerations.
There are several conditions for the fence removal. Those accessing the lake are not permitted to loiter, have dogs off-leash, camp, build fires, and other activities. The order does not prevent the Brunzes from building fences along the road to protect their property.
The order says the fence must be removed within 72 hours and that the public access on Lakeview Street will return to the way it was before the gate was installed.
Chris Hall, Secretary of the Friends of Benka Lake, says the group is planning a celebration off-site soon. The group will post details on the Friends’ Facebook page.
The case will go to State Superior Court at a later date to determine if the public access will be permanently restored. The temporary injunction means the public will be able to access the lake until it is decided in court.
