After a temporary injunction was granted to restore public access to Benka Lake, the fencing was widened to accommodate larger vehicles.
A judge granted the temporary injunction to restore lake access on May 31st. The Friends of Benka Lake filed a lawsuit last fall against the Brunzes, the property owners on both sides of Lakeview Street. The Brunzes had erected a fence blocking the only public boat launch access to the lake.
Members of the Friends of Benka Lake testified at the injunction hearing in late May about losing access to the lake. The judge granted the temporary injunction and ordered the Brunzes to remove the fence. In the same order, the judge requires that visitors refrain from loitering, dog-walking, camping, and fires. The order also says that the public is to be allowed access in the same manner as before the fence was built.
While the Brunzes did open the fence at the boat launch within the allotted 72 hours, they only provided a 14-foot opening. That made it difficult for vehicles to turn around. And it was not restored to the original access as required in the court order.
The Friends of Benka Lake requested that the court order the Brunzes to widen the fence to 20 feet to accommodate vehicles. The judge issued another court order on July 16th requiring that the fence be moved. The Brunzes followed up with a request to extend the timeline to July 29th to get the fencing moved.
Earlier this week, the fencing was pushed back to allow 20 feet of access to the lake. There is still no court date set to decide on a permanent resolution for public access.
