ST. CLAIR SHORES, Mich. – A St. Clair Shores man has racked up more than $15,000 in fines for docking his boats alongside a vacant lot he owns.
Now, his attorney is taking the fight to court, arguing the city ordinance behind those fines is unconstitutional.
Boats, no house — and thousands in fines
Michael Droogleever, a Marine veteran, purchased a vacant lot in St. Clair Shores four years ago with plans to build a home.
In the meantime, he has been docking his two boats there — something the city says he cannot legally do.
A local ordinance states that mooring a watercraft along residential riparian property is only permitted “provided a residence exists and is occupied.”
Because no home has been built on the lot yet, the city has continued issuing fines.
“We pay our taxes. We upkeep the property. We keep the boats nice and clean. We do our part to be a good neighbor,” Droogleever said.
He says the mounting fines are now creating a financial strain that is actually delaying his ability to build the home.
“I mean this is a very constitutional, very fundamental right. So, it’s shocking that the city would say no, you can’t keep your boats there until you build a house,” Droogleever said.
Attorney: Ordinance strips fundamental rights
Droogleever’s attorney, Nicholas Somberg, argues the ordinance strips property owners of their fundamental riparian rights — the rights tied to owning land along a body of water.
“You can say, have a fence. You can say, have one boat or two boats, but you can’t say no boats and that’s our argument,” Somberg said. “If there was a house on the land being occupied, would the tickets be written? This ordinance officer said no, it wouldn’t. So that right there created a class distinction,” Somberg said.
Somberg also argues the ordinance creates an unreasonable burden for anyone in the process of building.
“It’s not just that there is no house there, it has to be an occupied house. So, think about how ridiculous this is. You can be a wealthy person building a $5 million house in the city of St. Clair Shores, and until the house is done, you can’t have a kayak or a Sea-Doo behind your residence,” Somberg said.
He claims St. Clair Shores is the only city in Michigan with such a requirement.
Legal challenge reaches appeals court
A district court previously rejected Somberg’s constitutional challenge.
He has since appealed the decision and filed a motion to pause the fines until the legal proceedings are resolved — along with an injunction to stop further fines from being issued.
“This is illogical. This doesn’t make any sense, and we believe the higher courts will agree with us,” Somberg said.
Neighbors tell a different side
Not everyone is sympathetic to Droogleever’s situation.
Several neighbors, who declined to go on camera, allege he has been running a social club from the property — inviting large groups onto his boats and causing disruptions on the street.
They provided photos appearing to show cars parked in the grass, a shuttle van and groups of people preparing to board the boats.
When asked directly about the allegations, Droogleever said the allegations are false.
“We love boating, that’s it,” he said.
Somberg also addressed the allegations.
“That has nothing to do with our argument. If the city believes he is running a charter, cite him with that,” Somberg said.
What’s next
Droogleever says he is still planning to build a home on the property and is currently working with an architect.
The city of St. Clair Shores declined to comment, citing pending litigation.