Judge Clarifies Lakeview Street Access

A second court order dealing with the public access to Benka Lake on Lakeview Street is in effect. 

The Brunzes own land on both sides of the boat launch on Lakeview Street and installed a fence blocking the public access in August 2022. The initial injunction ordered the landowners to remove the fence. But that injunction included a provision for fencing on each side of the road to protect their private property. 

Choking the access down to 14 feet, the fence on both sides made it difficult for vehicles to turn around or to launch boats. Lakeview Street is wider than 14 feet. 

But the injunction also stipulated that access to the boat launch be returned to what it had been before the fence was installed. Friends of Benka Lake Attorney Mike Kramer asked the judge to clarify what was allowed.

The judge issued the new order requiring the fence be pushed back to allow 20 feet of roadway. The new order issued on July 16th gives the Brunzes five days to comply. 

Citing the need to rent and mobilize heavy equipment, today the Brunzes requested additional time to comply with moving the fence back. They propose a new timeline of July 29th. It’s up to the judge to grant the extension or not. 

Attorney Mike Kramer says the trial date has not been set.