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Lakeshore holdout won't budge

Tucked within the shadows of the meticulously reclaimed village of Glen Haven in Sleeping Bear Dunes National Lakeshore is a curiously out-of-place, double-wide trailer with a porch propped up by cinder blocks.

holdoutlady11-1col.jpg
Carolyn Bumgardner on
whether she'll leave if asked
by marshals: "Not peaceably".

It's the home of Carolyn Bumgardner, the last resident of Glen Haven and the first real holdout in the Lakeshore's 27-year history.

The National Park Service wants to move her out. She says she has no intentions of moving.
At one time she became so upset with her dealings with the National Park Service (NPS) that she filed a complaint with the FBI. "They said they would check on it, and get back with me. What was that? Fifteen to 20 years ago," said Bumgardner from her front yard.

Ironically, federal law enforcement officers may be the ones to remove her from her home. On Oct. 4, Bumgardner said two U.S. marshals delivered an eviction notice requiring her to move by Oct. 19. "That was the last time guys with guns came here. They were just two kids. They said, 'we're not here to do anything, we're just delivering these papers,’” said Bumgardner.

Carolyn Bumgardner has been a constant thorn in the side of the NPS's plans to create Michigan's first national park. She has stacks and stacks of papers that, she claims, add up to mistreatment of her rights as an inholder.

Regardless of history, U.S. Attorney for the Western District of Michigan Charles R. Gross said the paperwork is in order — complete with an order from a federal judge — to evict Bumgardner.

"We anticipate the court's eviction order will be enforced. As to the specifics, we have no comment," said Gross.

Bumgardner, whose front door is stickered with signs that might make a visitor — or a police officer — reluctant to intrude, realizes that she may be forced to move.

Asked if she will still be living in Glen Haven in a year, she says: "I don't know. I could be in jail."

Asked if she'll leave when asked by U.S. marshals, she says: "Not peaceably."

The Lakeshore’s side

Lakeshore assistant superintendent Tom Ulrich is hoping Bumgardner's eviction comes without incident. He is well aware of controversies and hurt feelings over the Park Service's handling of residents when establishing the Lakeshore in the 1970s and early 1980's.

"We sympathize with everyone who has had to leave their house in the park. It has to be a difficult thing. But everyone else has obeyed the law, and left. To my knowledge, this is the only time this has happened at Sleeping Bear," said Ulrich.

He makes no qualms, however, about the Park Service's desire to have her leave. "Her residence is right in the historic village of Glen Haven. It's not a historic residence. It detracts from the purpose of trying to preserve the historic nature of Glen Haven," said Ulrich.

There was a time when holdouts to the Congressional act of 1970 establishing the park were common, and organized. But as the years have passed, so have many of people forced from their property. Pubic complaints are few from those remaining, many of whom now agree that the park has prevented the type of development that has consumed much of Northwest Michigan.

Some owners of homes built before 1964 were allowed to keep their property if they agreed not to make improvements. Others sold their homes to the government but received lifelong leases to remain.

And still others, such as Bumgardner, were compensated for their property while being allowed to stay in their homes through a 25-year lease.

Except Bumgardner contends that since she never signed the lease, she should be allowed to remain in Glen Haven for the rest of her life.

Carol's story

trailer11-1.jpg
The trailer that Carolyn Bumgardner occupies is
shown in Glen Haven.

There is no doubt that Carol Bumgardner can prove her pedigree in Glen Haven. Her aunt Nellie Bumgardner married D.H. Day's youngest son. The elder Day, of course, built Glen Haven and turned it into the major port for southern Leelanau County. Her mother, 91-year-old Clara Bumgardner who now resides in Cleveland Township, was forced from her home directly in front of the three lots and trailer that Carolyn clings to.

"My grandpa helped build all these roads. It wasn't like I just flew into town," she said.

Bumgardner maintains that her address has remained in Glen Haven since she was born. She met her former husband Robert C. Smith Jr. while he was stationed at the Empire Air Force Base, and the couple was subsequently transferred to several other bases, including one in Spain. They returned to Glen Haven in 1972 — after the park had been established, and as the government's efforts to acquire land were just getting under way.

Bumgardner said she was told by NPS officials that her residency did not qualify for a "pre-1964" exemption.

As would become her trademark in dealing with the park, she disagreed — and she stubbornly refused to hire an attorney.

Lacking legal counsel, she has won some battles.

""You can't blame somebody for serving in the military around the world," she said "I (told them), 'we can't be penalized because we were in the military. Get a grip.'"

Offers for property
The Park Service offered her $12,000 for her property, then came back with a final offer of $15,000, she said. "It turned out to be $36,000 once they had an appraisal," said Bumgardner.

At first she refused to cash a check for the purchase of her land, but says a court order forced her to take the money. But she never signed an accompanying 25-year lease.

The entire story is much more complicated, and extends through the terms of three federal district judges. The government sought to evict Bumgardner in 1986, but was rebuked when District Judge Douglas W. Hillman ordered the U.S. to "grant a lease back in accordance with … the Sleeping Bear Dunes National Lakeshore act," court documents show.

Eventually, the government offered a 25-year lease whose clock started ticking on Sept. 30, 1980. Bumgardner opted not to sign. It's filed among her reams of documents.

"They never addressed the issue that I was not to be in condemnation because I was a long-time resident," said Bumgardner.

However, arguing that Bumgardner has followed provisions in the lease by paying the Lakeshore a monthly fee of $32.50 through its term, the U.S. Attorney's office has obtained an eviction order signed Feb. 21, 2007, by Chief United States District Judge Robert Holmes Bell.

Fulfilling the eviction order, more than 20 years in the making, may prove even more difficult than obtaining it despite recent health problems encountered by Bumgardner. A monitor hung by her sweat pants as she talked last week, recording heart palpitations.

"If they do move me, they have to take me to jail, and then I'll have a chance to say something," said a defiant Bumgardner.

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