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On May 1, attorneys filed a claim of appeal with the Charlevoix County Circuit Court on behalf of resident Sue Hobbs and others who previously presented a petition to the city. The citizens disagree with city actions taken on the One Water Street development project, specifically as it pertains to waiving parking space regulations, according to the petition.

The lawsuit names the Boyne City Zoning Board of Appeals as defendant and is based upon the ZBA's decision to uphold the city Planning Commission's waivers. The waivers allowed One Water Street Investments, LLC, its owner, Greg Krueger, and its developer, Jerry Rutter, requested variances without going before the ZBA, which is the normal procedure. Variances granted included height and density.

"To me it's just sad the taxpayers have to sue the city, the people they elect and hire, just to get them to enforce the ordinances that represent us, the taxpayers," Hobbs said. Besides the waivers, the development's site plan is in violation of the city's comprehensive master plan, the waterfront master plan and the zoning ordinance, Hobbs alleged. Parking is also an issue. Residents voiced their concerns to city commissioners at a March 27 meeting about a lack of an adequate number of parking spaces for both the condominium residences and the marina.

One Water Street developer, Jerry Rutter, said on Sunday he did not have a comment on the lawsuit at this time, other than "they're exercising their right."

The development project includes condominium residences, retail shops and other businesses on two-acres of Lake Charlevoix waterfront at Water and Front streets. A 26-slip marina is part of the project that also includes additional broadside dockage.

The Michigan Department of Environmental Quality that issues marina permits is in the process of making a decision on allowing construction of the marina.