A St. Clair Shores property owner has accumulated more than $15,000 in fines for docking two boats alongside his vacant waterfront lot, and his attorney is now asking a higher court to intervene before the daily penalties climb any further. Michael Droogleever bought the empty riparian lot four years ago and says he still plans to build a home there, but the city says he cannot legally dock boats at the property until a residence actually exists and is occupied.
The city has been fining Droogleever $500 per day under an ordinance that ties waterfront docking rights to occupied residential structures, according to FOX 2 Detroit. The daily rate has pushed the total fines past $15,000 in roughly a month of enforcement, per the same report. Attorney Nicholas Somberg, who represents Droogleever, filed a motion to pause the fines while the broader legal fight plays out, and has also filed an injunction seeking to stop further penalties, according to ClickOnDetroit.
A district court has already rejected Somberg's constitutional challenge to the ordinance, and he has appealed that decision to a higher court, per ClickOnDetroit's reporting by Erik Yettaw and Lauren Kostiuk. Somberg has said the ordinance creates a class distinction, since occupied residences along the same canals would not receive the same tickets for docking watercraft. He has also argued the rule cannot prohibit all boats on riparian property and that it strips waterfront owners of fundamental riparian rights.
The Constitutional Argument on Appeal
In statement videos and legal filings posted Wednesday, Somberg said the lawsuit is not challenging the city's authority to regulate navigation or safety on the water. Instead, he said the case specifically challenges conditioning riparian docking rights on whether a residential structure has been built and occupied, arguing that the distinction between vacant and developed waterfront lots is unconstitutional.
Somberg has also claimed St. Clair Shores is the only city in Michigan with this kind of residence requirement attached to docking rights, and he argues the rule creates an unreasonable burden on people who are in the process of building homes. Michigan appellate precedent generally holds that while waterfront owners have inherent rights to water access and dockage, municipalities retain broad authority under police powers to enact reasonable zoning regulations governing waterfront land use, according to FindLaw Caselaw. Whether the residence requirement counts as a permissible land-use regulation or an unconstitutional infringement is now the central question for the appellate court to resolve.
Neighbors Allege a Social Club, But No Business Citations Filed
Some neighbors have alleged that Droogleever has been running a social club from the property, claiming large groups gathering on his boats have caused disruptions on the street. Neighbors have provided photos appearing to show cars parked in the grass, a shuttle van, and groups preparing to board boats, per ClickOnDetroit. Droogleever has denied those allegations.
Despite the neighbor complaints alleging commercial charter activity, St. Clair Shores has cited Droogleever exclusively under the vacant-lot docking ordinance rather than issuing any commercial or charter business violations, Somberg said in his statements. He has framed the alleged charter activity as a separate matter from the constitutional argument at the heart of the appeal. The city has declined to comment on the dispute, citing the pending litigation.
Why the Canal System Matters Locally
St. Clair Shores contains roughly 14 to 26 miles of manmade residential canals connecting private lots to Lake St. Clair, making it Macomb County's primary residential canal community, according to Top Agent Realty. Canal-front properties in the city sell at a substantial premium, typically between $300,000 and $800,000, compared with an average of $235,000 for inland homes, largely because of private water and docking rights. That price gap underscores why access to the water carries such weight in a dispute like this one.
The city has also shown it plays an active role in maintaining canal infrastructure, having approved a $92,701 dredging project through a resident-driven Special Assessment District in 2024, according to city council minutes. According to Hoodline, Broader efforts to keep the waterway usable have continued this year, with an $890,000 pilot program launched to clear cyanobacteria muck fouling boat launches and shorelines across St. Clair Shores and neighboring Harrison Township.
A Veteran Says the Fines Are Delaying His Build
Droogleever, a marine veteran, has said the mounting fines are creating financial strain that is delaying his ability to build the home he still plans to put on the lot. He is working with an architect and continues to plan construction on the property, according to ClickOnDetroit. Public event listings from 2024 show the Lange Street lot, which connects directly to Lake St. Clair via the city's canal system, was previously used for organizational boat outings aboard Droogleever's vessel, named The Pride of NautiBuoy, per myUSNA.com.
For now, the case remains in limbo as the appeal moves forward and Somberg pushes for a court order freezing the daily fines. The outcome could determine whether St. Clair Shores' residence requirement stands as a valid exercise of municipal zoning power or gets struck down as an unconstitutional limit on riparian rights along one of Michigan's most canal-dependent communities.
